beta
(영문) 인천지방법원 2017.12.06 2017고단7867

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 30, 2017, the Defendant: (a) at around 23:10, the victim C’s main points of the operation of the Nam-gu Incheon Nam-gu, Incheon Metropolitan City (D); (b) the Defendant, at around August 30, 2017, fladdd the victim’s flag, who was under the influence of alcohol, was flaged on the floor by cutting the flag of the flag; and (c) was flaged by flaging the flag of his flag with his flag, thereby threateninging the victim by taking the flag of the flag.h., “Is the death of the flag, Is the death of the flag,” etc.

2. The Defendant interfering with his duties at the same time and place as the foregoing paragraph 1, and as above, “I will throw away the Defendant from the Defendant’s death.”

In a large sense, “hinging to enter the bar operated by the victim,” it was prohibited from citing customers who had been frighten and went into the bar, including “hing to enter the bar operated by the victim.”

Accordingly, the Defendant interfered with the victim's main business by force over about 10 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture are as follows: (a) a crime (Obstruction of Business) committed in the area of aggravation (one year to three years) (one year and six months) of the scope of interference with business (one year to six months) [Special Aggravation] of the Criminal Act; (b) the scope of final sentence due to the aggravation of multiple crimes in the basic area (two months to one year); (c) the basic area (two months to one year) of the crimes of intimidation (the scope of the recommended punishment); (d) the number of crimes committed in the following circumstances: (e) the Defendant’s age, sex, family relation, family environment, motive and means of the crimes; and (e) the motive and means of the crimes.