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(영문) 서울남부지방법원 2016.11.16 2016고단4792

업무방해

Text

Defendant

A shall be punished by a fine of 1.5 million won, and by imprisonment of Defendant B, for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

At around 22:50 on May 17, 2016, the Defendants purchased two beer and drinked with two beer at the D convenience stores located in Gangseo-gu Seoul Metropolitan Government, and drinked alcoholic beverages at the entrance of the convenience store, the victim E (33 years of age) who is an employee of the above convenience store (33 years of age) has a defect in preventing the use of plastic beer from using the beer without permission, and the Defendant was putting two beer, which was placed in his hand, on the floor of the convenience store. Accordingly, Defendant B was at the convenience store, and Defendant B was at the time kidd with two empty beer who was placed in front of the convenience store, and kidd with the victim’s losses.

As a result, Defendants conspired to interfere with the convenience store business of the victim, and Defendant B assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to police interrogation protocol concerning E;

1. Article 314 (1) and Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Article 62-2 of the Criminal Act;

1. The sentencing guidelines should not be applied because Defendant A-the fine is sentenced for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A). The sentencing guidelines should not be applied. The sentencing guidelines should be determined by taking into account the circumstances favorable to the fact that there is no power to punish and that there is no power to punish.

Defendant

B Crimes 1 (Obstruction of Business Affairs) (Scope of Recommendation) No. 2 (Assault Recommendation) (Scope of Violence) that has no basic area (6-1-6 months) (6 months to 6-1-6 months) (special person) (the scope of Recommendation), the basic area (2) of the Crimes of Violence 1 (general violence) (2-10 months) (the scope of Recommendation).