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(영문) 서울중앙지방법원 2017.11.30 2017고단5113

업무방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2017 Highest 5113] around 17:30 on June 10, 2017, the Defendant, under the influence of force, obstructed the victim’s restaurant business by avoiding disturbance for about two hours by drinking at the “cafeteria” restaurant for the victim’s D operation in Gwanak-gu in Seoul Special Metropolitan City.

[2017 Highest 6241] On 18:00 on July 24, 2017, the Defendant taken the outside of a cell phone image of the victim on the ground that the victim reported himself/herself to the police before towing and a fine of KRW 5 million has occurred, and the victim reported him/her to the police before towing, and the victim reported him/her to the police, and the victim made a report to the above birth department. As such, the Defendant should not be able to perform funeral services according to his/her preparation for sanitary censorship.

A fine of 5 million won has been reported by Shee.

In addition, “Ire another report of interference with the business,” and the victim’s restaurant operation was obstructed by force by avoiding the disturbance for about one hour from the above day to about 19:00 on the same day.

Summary of Evidence

[2017 Highest 5113]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts and investigation reports (Analysis ofCCTV images, etc.) (2017 Highest 6241);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act ( point of interference with each business) and the selection of punishment 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 suspended execution;

1. 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] under Article 62-2 of the Social Service Order Act: The scope of the final sentence due to the aggravation of multiple crimes where the degree of force is minor: one month to one year (the decision of sentence) where the defendant interferes with the instant work.