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(영문) 부산지방법원 서부지원 2017.11.28 2017고단1303
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2017, from around 20:00 to 20:20 on the same day, the Defendant: “D” main points of “D” operated by the Victim C (Inn, 55 years of age) located in B in Busan Northern-gu; “The Defendant was previously unable to sell alcoholic beverages to the Defendant on the day on which he had previously been unable to avoid any disturbance without paying the drinking value at the main points; “The Defendant would not sell alcoholic beverages to the Defendant.”

“The victim’s main business was obstructed by force by lest customers, who were able to enter the main points of avoiding disturbance, such as taking a scambling, chair, and scambling, who laid the floor by hand, and taking a scam, etc., from entering the scam.

2. The Defendant assaulted the victim’s left arms by taking the victim’s rear neck on the same date and at the same place as that of paragraph 1, on one occasion, using the victim’s left hand, and using both hand, assaulting the victim’s left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of the scene of crime;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

(b) Class 2 Crimes (Assaults) (Extent of recommended punishment) and No. 1 Crimes (General Assaults) are the basic sphere (two months to ten months) (no person who is subject to special sentencing).

(c) The scope of final sentence due to the aggravation of multiple offenses: From six months to one year;

2. On January 18, 2017, the Defendant was sentenced to a fine of KRW 3,00,000 due to business interference with the same victim by the Busan District Court, but committed the instant crime.

(b).

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