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(영문) 대전지방법원 천안지원 2018.05.18 2018고단576
업무방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 28, 2017, around 15:10 on December 28, 2017, the Defendant obstructed the operation of the cosmetic service of the victim between approximately 20 minutes by force, such as: (a) the victim D (the remaining and the 42 years old); (b) the Malaysia and the Defendant, who was operating the cosmetic service of the victim; (c) the victim, who was working for the cosmetic, was able to take a face of the victim’s head and face; and (d) the victim, who avoided the victim’s escape from the cosmetic service, was walking the door to the cosmetic room operated by the victim; and (d) interfered with the operation of the cosmetic service of the victim for about 20 minutes by force, such as: (a) the victim, who was working for the cosmetic service of the victim.

2. On 15:14, 201, around 15:14, 201, the Defendant: (a) was investigated by the police regarding the charge of interference with duties, such as the description in paragraph (1), at the model of the Incheon Busan Police Station and the criminal team office located in Incheon City, the Defendant stated the Defendant’s child E’s resident registration number in order to conceal the Defendant’s fine completion; and (b) signed the report at the end of the protocol as “E”.

Accordingly, the defendant forged another person's signature for the purpose of exercising his/her right, and used a forged private signature.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (specific personal information of suspect A);

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act’s choice of punishment for the crime (a point of interference with business, choice of imprisonment), Article 239(1) of the Criminal Act (a) (a point of the signature of the company), Article 239(2) and Article 239(1) of the Criminal Act (a point of exercising the above-mentioned signature)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) interference with business affairs [decision of type] interference with business affairs, interference with type 1 (Interference with Business) [Special Mitigation] [the scope of recommended punishment] mitigation area, imprisonment with prison labor;

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