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(영문) 서울동부지방법원 2021.01.14 2020고단3526
업무방해등
Text

A defendant shall be punished by imprisonment for 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 is a person engaged in his own business, and the Victim B (V, 37 years old) and Victim C (V, 37 years old) operate the main point of “E” on the first floor of the building underground in Songpa-gu Seoul Metropolitan Government D.

1. Around August 21, 2020, the Defendant obstructed the operation of the victim’s main points by force for about 30 minutes, by means of avoiding disturbance, such as setting off the main entrance door in the instant main points operated by the victim B, when the victim resist, and raising the house, etc., within the scope of the main points operated by the victim B.

2. The Defendant damaged property by setting up three fire parts of the market value equivalent to KRW 45,00 in the market value of the injured party B, at the time and place referred to in paragraph 1, on the same grounds as paragraph 1.

3. At the time and place set forth in paragraph 1, the Defendant assaulted the victim C’s face face to restrain the Defendant’s behavior for the same reason as Paragraph 1.

Summary of Evidence

1. Application of the Defendant’s legal statement B or C to the police statement report (CCTV investigation) to the Act and subordinate statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment with prison labor;

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 of the community service order;

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

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

(a) Class 1 Crimes (Interference with Business) [Determination of Type] Interference with Business Affairs (Type 1] There is no interference [Special Sentencing] with business affairs (the scope of recommended areas and recommendations] [the scope of punishment], basic area of crime (the scope of recommended areas and recommendations], six months through one year and six months;

(b) Class 2 Crimes (Destruction of Property) [Determination of Type] / [Type 1] Property damage, etc. [No person who is subject to special sentencing] [the territory of recommendation and the scope of recommended punishment];

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