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(영문) 서울북부지방법원 2020.01.08 2019고단4767
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 05:40 on October 27, 2019, the Defendant interfered with the victim’s bar business for about 20 minutes by force, such as the following: (a) on the ground that the victim C (year 21) in Dongdaemun-gu Seoul Metropolitan Government had done drinking together more than the contact time promised by the female helpers; (b) the Defendant opened the school crogate used by him; (c) the beer’s disease on the floor; (d) the Defendant laid down the beer’s disease on the hallway; and (e) broken it up on the hallway; and (e) the glass cup laid down on the hallway floor; and (e) the Defendant interfered with the victim’s bar business for about 20 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of statutes to field photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to five years;

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 sentencing person]: Reduction element of punishment: Non-compliance area of punishment [the scope of the recommended area and the recommended punishment] mitigated area, imprisonment with labor for one month or for eight months;

3. The Defendant, who had the same criminal power and committed a crime committed before, is in need of strict punishment because he/she again commits the instant crime without being aware of the fact that he/she was sentenced to a fine by committing the same kind of crime during the suspension period of execution.

However, the punishment of the defendant shall be determined in consideration of the fact that the defendant is divided in the court of this case and that the victim does not want the punishment of the defendant by mutual consent with the victim.

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