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(영문) 인천지방법원 2018.07.19 2018고단3665

업무방해등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2018, around 21:40, the Defendant: (a) requested the hotel accommodation at the D D hotel 36th floor located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) the Defendant refused the hotel accommodation on the ground that the Defendant met; (c) the victim E (51) who is the head of the hotel guest room, was able to talk with the victim and his employees at the hotel; and (d) was able to gather a short-form table in two hands, which was kept at the seat of the victim and his employees, and was divided into the upper part and lower part of the table.

Accordingly, the defendant damaged the victim's property to the extent of about 950,000 won of repair cost.

2. On April 24, 2018, from around 21:30 to 22:00 of the same day, the Defendant: (a) expressed that from the place specified in paragraph (1) to the hotel employees, such as victims E, who are the heads of guest rooms, for the same reasons as that specified in paragraph (1); (b) put the Defendant’s bridge on the floor of the elevator entrance of the 36th floor to the wall so that other hotel customers are unable to enter the wall; (c) put the Defendant’s bridge on the wall; and (d) put other hotel visitors walking the chair in front of the set; and (d) put the flab in hand, putting the flab by hand.

Accordingly, the Defendant interfered with the victim's hotel management business by force over about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The report of departments related to the report of the case of 112, written estimates, and photographs and explanation of the major surface of CCTV on the 36th floor of the hotel;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of 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. Grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act are crimes 1 (Interference with Business) (Scope of Recommendation) (Article 62(1) (Article 62(1)) (Article 1 (Interference with Business) (Article 62(1)) (Article 62(1) (Article 62(1)) (Article 62(2))