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(영문) 인천지방법원부천지원 2020.10.08 2020고단3146

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On June 20, 2020, from around 09:30 to around 10:00 on the same day, the Defendant: (a) on the park side of the building C Dong-si, Bupyeongcheon City from around 09:30 to around 10:00 of the same day, the Defendant offered the victim D (Inn, 55 years of age) who was travelling and selling the required cart, and (b) was demanded by the Defendant to make the Defendant turn on the cart, and (c) he was urged by the victim to get the Defendant to get the lecture down from the victim; (d) C, the Defendant took the victim’s “coppy, spath, and spathy”; and (e) prevented the victim from moving the car in front of the defect in order to make the victim move to another place by reporting the passage of the customer.

Accordingly, the defendant interfered with the victim's business by force for about 30 minutes.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police investigation report on the defendant's statement of his/her court statement D to telephone conversations;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (this shall be taken into consideration, including the fact that the criminal records of the defendant are reasonable, that it is against the recognition of the crime in this case, and that the defendant has agreed with the victim);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;