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(영문) 서울동부지방법원 2016.09.23 2016고단2252

업무방해

Text

A defendant shall be punished by imprisonment for four 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

around 03:15 on June 9, 2016, the Defendant interfered with the victim’s motherel business by force by preventing customers who had to enter the her mother telecom from entering the her mother telecom, such as having the victim C in Gangdong-gu Seoul from entering the her mother telecom, having the her employee, having the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her heres

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions considered in favor of sentencing)

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall interfere with the affairs of the recommendation [the scope of the recommended punishment], and the area of mitigation (one month to eight months) [the person subject to special mitigation] shall not be punished (including the person subject to serious efforts to recover damage);

2. Determination of sentence: 4 months of imprisonment with prison labor and 2 years of suspended sentence: The defendant committed the instant crime without any particular reason even though he/she had a majority of criminal records of the same kind;

In a way that one’s mistake is seriously divided, the degree of interference with his/her duties does not seem to be easy: A favorable circumstance in which the defendant has been found to have his/her wrongness. Considering all other circumstances, such as the defendant’s age, occupation, sex and environment, family relationship, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., that are conditions for sentencing indicated in the records, such as the defendant’s age, occupation, sex and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc.