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(영문) 대전지방법원 천안지원 2017.03.24 2016고단2123
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 30, 2016, the Defendant was refused to provide the service at a four-day art shop operated by the Victim C (M, 23 years old) in Asan City, around 19:10 on May 30, 2016, and the Defendant refused to provide the service from the damaged party on the ground that the Defendant was in the state of exploitation, and the Defendant was made to the customer “one, two, and three-dimensional”, and the victim’s “I, two, and three-dimensional”, “I, I, I, and I, ignore,” and the victim:

It was difficult to avoid disturbance over about 20 minutes, such as "the string of death", and acting as if the victim seems to be her, by taking the hand towards the victim.

As a result, the defendant threatened the victim and interfered with the operation of the store of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 314 (1) of the Criminal Act and Article 283 (1) of the Criminal Act concerning the crime (a point of interference with business) and Article 314 of the Criminal Act concerning the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] of the reasons for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] that there is no basic field (6 months to one year and six months) [the person subject to special sentencing] of the same type [the decision of sentence], the fact that it is a crime during the period of probation, reflects the fact that it is a crime during the period of probation, the degree of interference with duties and intimidation, etc., shall be determined as per the order in consideration of various sentencing conditions in the procedure of this case.

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