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(영문) 서울서부지방법원 2020.05.27 2020고단1035
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 15, 2020: (a) around 15:18, to 15:29, the Defendant interfered with the victim’s operation of the camera by force, such as cutting off, sound, and returning to the Kaf, etc., of the victim C (the 33 years of age) in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the influence of force, by getting the customers from the Kafa, who were in the Kafa while under the influence of alcohol to go out of the Kafa.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared C;

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of CCTV at the site of the incident and the confirmation of the person suspected of committing a crime);

1. The relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. The decision of sentence for the accused has the record of being punished by a majority as the same and different types of crime; and

In particular, the defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution for the crime of special destruction and damage in Seoul Western District Court on September 26, 2019, and the above judgment becomes final and conclusive on October 5, 2019 and is still under suspended execution.

Nevertheless, since the defendant committed the crime of interference with the business of this case, the possibility of criticism against the defendant is high.

However, the fact that the crime had been committed once, the fact that the defendant led to the confession of the crime, the fact that the defendant is against himself, and the fact that he received the letter from the victim is favorable to the defendant.

Other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case, shall be determined as the disposition.

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