2016 Highest 4228 Business Obstruction, Property Damage and Damage

A person shall be appointed.

OO (prosecutions) andOO (Public trial)

Attorneys OOO (KO)

October 26, 2016

A defendant shall be punished by imprisonment for not less than six months.

Criminal history (criminal record)

○ Case: The Seoul Central District Court’s crime of indecent act by compulsion on August 12, 2015

○ Judgment: Imprisonment with prison labor for three months/Suspension of execution of one year

○ Progression: Final Decision on August 20, 2015

* At present: ○○ Seoul Central District Court Decision 2016Kadan5335, 6756 (Joint) interference with the performance of official duties by fraudulent means, such as obstruction of performance of official duties by fraudulent means, etc.

【Criminal Facts】

1. Interference with business;

On September 23, 2016: around 50: Around 50, the Defendant interfered with the victim’s convenience store management by force over about 20 minutes by her 20 minutes, such as her ○○ convenience store located in the ○○○○○-ro, Seoul ○○○○○○○○-ro, ○○○○○○○○○, and her 19 years old, under the influence of alcohol to an employee victim’s OO (here, her 19 years old). In addition, whether the Defendant reported her her to the police her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

2. Damage to property;

The Defendant, at the above date and time and place, destroyed the property by opening one package of the instant cups and hambber, which is the sum of 3,00 won owned by the owner of the above convenience store, and thereby making it impossible for other customers to sell the property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

Application of Statutes

1. Article applicable to criminal facts;

Article 314(1) (Interference with Business) and 366 (Destruction and Damage of Property)

1. Selection of punishment;

Imprisonment, respectively;

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Grounds for sentencing

Sentencing Criteria

○ 1 Crimes (Interference with Business) Special / General e.g.

Belgium Recommendation: Basic area (6 months to 1 June)

○ 2 Crime (Destruction)

A special e.g. special e.g., mitigation element (a minor damage)

Do Governor Recommendation : Reduction Area (one to six months)

A general equitable person: No applicable person;

⇒ 다수범 가중에 따른 최종 범위 : 6월 ~ 1년 9월 ( 제1범죄 상한 + 제2범죄 상한의 1 / 2 ) 구형 : 징역 6월 선고형 : 징역 6월

A person under clause (2013): A person who interferes with ○ business, such as recovery of damage and accumulation of identical punishment power (2013): a fine of 5 million won: a fine of 5 million won (2016): 700,000 won: A person subject to a fine of 700,000 won: A confession, separate proceeding by item, treatment of repeating principal behavior, necessity of assistance, divorce, etc.

Judges Owon-ho