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(영문) 대전지방법원 2020.03.13 2019고단3566
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2019, at around 22:20, the Defendant: (a) d main points operated by the Victim C (A, B, and 61) in Daejeon Jung-gu, Daejeon; (b) put the Victim E (A), who was demanded to pay the alcohol value of KRW 80,000 from the victim, and (c) put the Victim E (E), who is the victim and his/her employee, with the desire of “a bund and Chewing f1 years old;” and (d) put the Victim E (E), who was able to collect the disease on the table.

Accordingly, the defendant interfered with the victim C's main business and assaulted victims by carrying dangerous articles by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of C and E;

1. Arrest report (Interference with business, etc.), report on internal investigation, report on internal investigation and report on investigation;

1. Application of Acts and subordinate statutes to photographs, such as receipts and case sites;

1. Article 314 (1) of the Criminal Act (a point of interference with business), Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The scope of punishment by law: Imprisonment for one month to seven years;

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

(a) Group 1 crime (Special Violence Decision of Punishment) (Special Violence). Assault crime [Type 6] There is no repeated crime, special assault (Special Assault) [Scope of Recommendation and Recommendation] (Scope of Recommendation) basic area, imprisonment with prison labor for up to April 10 months to October;

(b) Second crimes (decision on types of violence) (Special Violence). Violence crimes [Type 6] There is no repeated crime, special assault (special assault) [the scope of recommending area and recommendation] basic area (the scope of recommendation area and recommendation range], and April through October;

(c) Class 3 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommended area and the scope of the recommended punishment] basic area, imprisonment with prison labor for six months to one year and six months;

(d)the standards for dealing with multiple crimes;

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