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(영문) 의정부지방법원 2021.01.11 2020고단4640
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

1. On August 10, 2020, the Defendant committed the crime against the victim B: (a) in the victim B (here, 63 years of age) located in Macheon-si, Macheon-si; (b) without any justifiable reason, whether the Defendant “Ding-si, see, see, see, or buy the victim” without any reason.

Along to about 15 minutes of disturbance, such as taking a serious bath of “,” etc., it obstructed the victim’s musical business by force.

2. On August 10, 2020, the Defendant committed the crime against the victim E in the “G singinging out” operated by the victim E (Wing, 59 years of age) in the F on August 10, 2020. Without any reason, without any reason, the victim’s “one year, deemed to be one year, to be one year, and to death.”

A serious bath, such as “,” and the entrance was set off, and around 10 minutes of the disturbance, such as cutting off the entrance door and unloading the table, which was located there, thereby obstructing the victim’s singing-sing business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Interference with any business operation report;

1. Each statement of B and E;

1. Application of Acts and subordinate statutes to investigation reports (victim B or E telephone hearing);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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

(a) Class 1 Crimes (Interference with Business) (Interference with Business Affairs) [Type 1] Obstruction of Business Affairs [Special Sentencing Person] : Reduction element of Punishment (including serious efforts to recover damage) [the area of recommendation and recommendation] mitigation area, imprisonment with labor for one month to eight months;

B. Group 2 Crimes (Interference with Business) [Determination of Type] Interference with Business Affairs [Type 1] Obstruction [Special Sentencing Person] Reduction element: Non-conformity with Punishment (including a serious effort to recover damage) [the territory of Recommendation and the scope of recommended punishment] Reduction element, imprisonment with labor.

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