(영문) 서울중앙지방법원 2013.11.06 2013고단5700

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(영문) 서울중앙지방법원 2013.11.06 2013고단5700

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2013, from around 21:00 to 21:40, the Defendant: (a) claimed that at the D hotel seat in Jung-gu Seoul Special Metropolitan City, the hotel hotel was already set up and refunded despite having been refunded; (b) had been placed on the floor of the hotel, which had already been set up in advance, and had the victim E, who is the hotel manager, carried on the floor of the hotel, with the goods on the laundry in the laundry, and had the victim E, “I will come to go to go,” this hotel is a drinking hotel. The Defendant interfered with the victim’s business by forcing customers, who tried to go to go to the above hotel for about 40 minutes, such as taking a desire to go to go to the four-minute hotel name.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on field CCTV photographs;

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

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

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. The sentencing guidelines are not set. 3. The sentencing guidelines are not set. The sentencing guidelines are not set. 3. The sentence is set in four months of the suspension of the execution of the sentence, taking into account the fact that the above hotel, etc. had a record of being punished by a fine due to the occurrence of a series of offenses, such as interference with business, and the method and degree of the act of interference with business of this case are not less than that of the fine. However, the sentence is set in consideration of the fact that the defendant has no criminal record in addition to the fine, there is symptoms of mental disorder such as interference with appraisal, and is closely against the mistake, and the execution thereof is postponed.

참조조문

-형법 제62조 제1항

-형법 제314조 제1항

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