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(영문) 대구지방법원 의성지원 2016.02.15 2015고단220
업무방해
Text

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

Reasons

Punishment of the crime

With respect to the construction of D golf courses operated by the victim C, the Defendant asserted that the purchase price of forest land among the doors sold to the victim as the site for the construction was received by the Defendant’s pro-friendly N, and that part of the ancestor graves, which had been sold to the victim, was not a matter of discussion with the Defendant on the consent of the victim himself/herself.

From around 06:20 on July 15, 2015, the Defendant obstructed the victim’s golf course operation by force on the following grounds: (a) from around one hour to around 06:20 on the road of the above golf course 9 hours; (b) on the ground of the foregoing reasoning, the Defendant: (c) sounded the ground from the door to restore it to its original state; (d) payment of KRW 4 billion; d. d. d. d. d. d. d. d. d. d. d. d.

In addition, from around that time to August 22, 2015, the Defendant interfered with the victim’s golf course operation by force over a total of six times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and G;

1. Application of Acts and subordinate statutes to reports on internal investigation (on-site photographs) and reports on internal investigation (on-site photographs);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] interference with business affairs, where the defendant repeatedly committed a crime for a considerable period (one to five years) [the special aggravated person], where the motive for the crime (the illegal cost or profit-making) (the case where the crime was committed for the purpose of unfair economic compensation or profit-making) [the decision of sentenced punishment] in 8 months, the defendant committed a crime for the purpose of coercing the victim even though he had had the record of punishment already been committed by interference with business affairs against the same victim, and the defendant's series of purpose of crime is to prevent the defendant

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