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(영문) 서울서부지방법원 2019.09.06 2018고단3956

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2018, the Defendant was sentenced to three months of imprisonment for a crime of assault at the Seoul Western District Court on July 18, 2018 and completed the execution of the sentence in the Ansan Prison on July 18, 2018.

【Criminal Facts】

At around 08:00 on October 23, 2018, the Defendant interfered with the victim’s convenience store business by force for about 30 minutes, such as the victim C (n, 52 years of age) in Seodaemun-gu Seoul Metropolitan Government as the source of occupation at the entrance of the D convenience store, which was located on the bottom of the D convenience store, the table was laid off, the visitors were prevented from entering the convenience store, and the slot was set off.

Summary of Evidence

1. Each police statement of C and E;

1. CCTV images and on-site photographs;

1. Previous records: Criminal records and investigation reports (the confirmation of the date of release and the binding of the relevant written judgment) and the application of statutes;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing criteria for offenses interfering with business: [Type 1] There is no interference with business [the scope of recommendation field and recommendation range] [the scope of recommendation field and recommendation range], basic area, six months through one year and six months.