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(영문) 서울남부지방법원 2019.08.21 2019고단2760
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 became final and conclusive.

Reasons

Punishment of the crime

around 15:00 on April 22, 2019, the Defendant: (a) reported the victim’s D restaurant operated by the victim C in Gangseo-gu Seoul Metropolitan Government, which was operated by the victim C, and demanded the victim to return home by resisting the defendant and the husband of the defendant and the victim to the late late; (b) made the victim b) made the victim knick with his hand, and obstructed the victim from preparing materials for opening the said restaurant; and (c) obstructed the victim’s operation of the restaurant by force and obstructing the victim’s operation of the restaurant by taking advantage of the victim’s large interest to prevent the victim from entering the said restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The defendant asserts that he did not intend to interfere with the victim's work. However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant reported about 112 times in total for about 1:30 minutes and 30 minutes, and the police officer dispatched upon receipt of the report requested the defendant to return home, the defendant's intention to interfere with the defendant's work can be acknowledged, taking into account the fact that the defendant continued to escape home without returning home, even though the defendant did not have to return home. Accordingly, the defendant's assertion is without merit).

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types of punishment] interference with the affairs (the category 1], interference with the affairs (the person specially punished] - the mitigation element: the mitigation area of punishment [the recommendation area and the scope of recommendations], the mitigation area, imprisonment with labor for one month to August suspension of execution.

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