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(영문) 서울남부지방법원 2019.09.18 2019고단1411
업무방해등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2016, the Defendant was sentenced to one year and six months of imprisonment for the crime of interference with business at the Seoul Southern District Court on September 12, 2016 and completed the execution of the sentence in the Ansan Prison on January 5, 2018.

【Criminal Facts】

1. On February 23, 2019, from around 03:40 to 04:00 on the same day, the Defendant obstructed the victim’s singing-making business by force by avoiding disturbance, such as: (a) in the instant singing book operated by the victim C, in Gangseo-gu Seoul, Gangseo-gu, Seoul; (b) holding a visit with customers under the influence of alcohol; and (c) speaking the victim with a large amount of desire to talk; and (d) taking the victim’s left part in drinking.

2. On February 23, 2019, the Defendant, who violated the Punishment of Minor Offenses Act, was arrested as a flagrant offender by committing the above crime at the above singing room and was transferred to the F district located in Gangseo-gu Seoul Metropolitan Government. At the above F district, the Defendant, while drunkly drunk, followed the Defendant’s act of revocation by very rough words and actions between approximately 60 minutes at the government office, including, but not limited to, “the police sprinks in Korea, if they were to start to move to the police sprinks, and if they were to move to his place.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Analysis of CCTV for crime prevention;

1. CrimeCCTV images;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation by government offices and the selection of fines);

1. Article 35 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse (with respect to a violation of the Punishment of Minor Offenses Act);

1. Normal circumstances favorable for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The victim of the crime of interference with business expresses his intention not to punish him;

(k) disadvantageous circumstances:

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