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(영문) 인천지방법원 2018.02.22 2017고단9260

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on December 6, 2017, the Defendant, at the main point of “E” operated by the victim D in Yeonsu-gu Incheon District C Underground 1, Yeonsu-gu, Incheon, the Defendant, who works as the chief of the office at the above main point, took a bath for the customers who were in the above main point, and had them go off, such as displaying a dog off, and displaying a dog.

Accordingly, the Defendant interfered with the principal business of the victim by force between approximately 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (victim D and a suspect as a counter investigation);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Act on the observation of protection and attendance order [the scope of recommendation] interference with the business of sentencing [the grounds for sentencing] under Article 62-2 of the Criminal Act: (a) [the person subject to special mitigation] [the person subject to punishment] mitigation area (one month to eight months] [the person subject to special mitigation] imprisonment for six months; (b) suspension of execution for one year; and (c) there are multiple kinds of violence and crimes of interference with the business; (d) one year;

Along with the fact that it is engaged in life-sustaining business in a relatively sincere manner, it shows its significance.

In light of the above circumstances and other various conditions of sentencing, including the defendant's age, sex, family relationship, property status, etc., the sentence shall be determined as ordered and the execution of the sentence shall be suspended, but an order to observe and attend the course shall be imposed to prevent recidivism and improve his/her character and conduct.