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(영문) 인천지방법원 2015.04.30 2014고단8867
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, when entering a place of business, such as a singing practice room in the Southern-gu, Incheon, and D D, has an unfounded set of houses, and the Defendant is a person who has reported 112 at that place of business to be known as the “person who has reported” among the owners of the business.

On April 19, 2012, around 03:05, the Defendant rejected the Defendant’s demand that the victim “Gking machine” in the “Gking machine business” in the operation of the victim FF in Nam-gu Incheon Metropolitan City E, and filed a false report with 112 that the Defendant employed the helper at the said business.

Accordingly, the Defendant, upon receiving a report, had the police officers confirm the employment of the victim while checking the inside of the business place, and let the customers in the singing room get out, thereby obstructing the victim's singing room business through deceptive means and force, and interfered with the victims' work over 24 times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on F, H, I, J, K, L, M, N,O, P, and Q;

1. Application of laws and subordinate statutes to each statement of damage made by R, I, S, T, U,V, W, X,Y, Z and AA;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts (a point of interference with business and choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. A person who repeatedly commits a crime against a large number of victims of reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., shall be selected to be sentenced to imprisonment in consideration of the fact that the crime is not good;

However, it is decided as per the Disposition in consideration of the agreement with a considerable number of victims, the minor damage, the violation of the crime of this case is closely reflected, and there is no criminal conviction or more than the suspension of execution.

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