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(영문) 서울남부지방법원 2019.10.23 2019고단3985
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for the crime of interference with business at the Seoul Southern District Court on June 23, 2019 and the said judgment became final and conclusive on August 31, 2019.

【Criminal Facts】

On May 1, 2019, at around 21:05, the Defendant interfered with the victim’s singinginging operations by force by force on the ground that the victim D (Wing, 20 years of age) who is an employee of Geumcheon-gu Seoul Metropolitan Government “C” said the victim was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Division: Application of the judgment (Seoul Southern District Court Decision 2019NoNo. 332) and the statutes on the detailed inquiry into the case (date of final decision);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: Imprisonment with prison labor for 8 months and 2 years of suspended sentence, even if the defendant had been punished several times for the same crime, and the crime committed by the defendant is a so-called major crime that is under the influence of alcohol in lieu of this case, and such crime causes fear to ordinary citizens and confusion in social order. However, the defendant is recognized as committing the crime, and the victim does not want the punishment against the defendant, the balance between the case where the defendant is judged simultaneously with the recorded criminal records in the judgment should be considered.

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