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(영문) 인천지방법원 2020.04.23 2020고단1561
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant was sentenced to two months of imprisonment with labor and eight months of imprisonment with labor by the Incheon District Court for the crime of interference with business, etc., and completed the execution of the sentence at the Incheon Detention House on January 17, 2017.

2. Around 11:45 on February 15, 2020, the Defendant: (a) had two factoring points in the convenience store in Gyeyang-gu Incheon Gyeyang-gu, Incheon; (b) had two factoring points; (c) prevented the victim D (referring to a person who is an employee, aged 23) from doing so; and (d) avoided disturbance between about 20 minutes; and (c) interfered with the operation of the victim 10 business by force over 11 times from March 24, 2019 to February 15, 2020, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, F, G, H, I, J, K, L, and M;

1. CCTV and on-site verification photographs;

1. Previous records of his/her judgment interfering with business affairs of a suspect A C: The application of criminal records, replys to criminal records, Incheon Prosecutors' Office 2016-type and 23932 (Detention), copies of written judgments, and investigation reports (verification reports at the expiration of the period of punishment of a suspect) to statutes;

1. Article 314(1) of the Criminal Act for the crime concerned, Article 314(1) of the Criminal Act for the choice of punishment, and Article 35 of the Criminal Act for the repeated crime selected to be imprisonment (attached Form No. 1 through No. 8)

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Determination of Types of Interference with Business) [Type 1] Interference with Business (Special Aggravation): Aggravation of Obstruction of Business (Special Aggravation of Punishment): Aggravation of Cumulative Cumulative Offense (Recommendation and Recommendation Scope of Recommendation and Recommendation ], 1 to 3 years and six months;

(b) Second crime (determination of types of interference with business) [Attachment 1] Interference with Business (Special Punishment]: Aggravation area of repeated crimes of the same kind (the scope of recommendation area and recommendation area] aggravation area, one year to three years and six months;

(c) Type 3 (Interference with Business).

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