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(영문) 서울중앙지방법원 2018.10.12 2018고단5235

업무방해

Text

A defendant shall be punished by imprisonment for six 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

On August 11, 2018, from around 21:00 to August 00:20, 2018, the Defendant demanded that “Del” operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City from around 21:0 to August 12, 2018, “TV E is not operated in a normal way while under the influence of alcohol,” and that “TV is not operated in a normal way.” On the third floor’s corridor, the Defendant made a false fire.

“Along with sound, other customers, who are accommodated in the Mosingel, were asked to ask the police about how they were marbling in the play or by making a telephone in the Mosingter, and the 1st story and the victim C refund KRW 2,00,000,000,000 paid while lodging for the 4 month period. If not refunded, the police will report.

The spits, spits, and spits, spits, spits, and spits, spits, and spits, “in this time, we will do so with gasoline as a spit.”

The term “satisfy” was satisfying with noise, etc.

Accordingly, the defendant interfered with the victim's mother business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the victim;

1. On-site photographs;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

2. Article 62 (1) of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing).

3. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendation] of Article 62-2 of the Criminal Code [the grounds for sentencing [the scope of punishment] are as follows: (a) the mitigated area (one month to eight months) [the person with special mitigation] [including efforts to recover damage] the defendant was punished by a large number of fines for the same kind of crime; (b) the defendant's judgment was made for a considerable period of time; and (c) the defendant's act was committed for a considerable period of time to interfere with the victim's business.