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(영문) 인천지방법원 2016.09.01 2016고단3896

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2016, from around 16:00 to 16:30, the Defendant attempted to bring the Victim D’s Embrithic disease from the Embrypt in Yeonsu-gu Incheon Metropolitan City, to the external wound, but, on the ground that the victim refused to do so, obstructed the victim’s marina business by force by avoiding disturbance, such as dusting it before the mat and taking the victim’s large interest, and taking the victim’s large interest.

2. 피고인은 2016. 6. 11. 10:30경부터 11:14경까지 위 E마트에서 피해자에게 “또 신고해, 내가 뭘 잘못 했냐, 가만 안두겠다, 어디 한번 보자, 개새끼, 씨발 새끼야”라고 큰소리로 말하는 등 소란을 피워 위력으로 피해자의 마트영업 업무를 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (to attach CCTV images and voice recordings);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. Reduction area (one month to eight months) (special mitigation area) of mitigation area (special mitigation area) shall not be subject to the application of the sentencing criteria (the scope of recommending punishment) and interference with business;

2. In full view of the fact that the Defendant, who was sentenced to punishment for the same kind of crime, committed the instant crime again, an agreement with the victim, the Defendant’s age, occupation, character and conduct, environment, the circumstances and motive leading to the instant crime, and all the conditions of sentencing recorded in the record, such as the circumstances before and after the instant crime, etc., the sentence as ordered shall be determined.