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(영문) 부산지방법원 2018.09.18 2018고단3131

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 24, 2018, from around 03:00 to 03:10 on the same day, the Defendant interfered with the victim’s musical business by force by leaving the victim “Esing room” operated by the victim D, which was located in Busan Young-gu, with a large amount of the victim’s musical instruments, such as “a singingly, chewing,” and “a singly, the same year for which the victim was on the table,” and having three free strings on the floor of the table, thereby preventing the victim from entering the above singing room.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with business affairs, taking into account the following factors: (i) the mitigation area (one month to eight months); (ii) the exemption area (including a special mitigation person); (iii) the non-applicable penalty (including a serious effort to recover from damage); (iv) the non-applicable penalty (including a decision of sentence); and (v) the fact that the decision is against