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(영문) 서울남부지방법원 2017.02.10 2016고단4644
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On August 16, 2016, from around 11:50 to around 12:10 on the same day, the Defendant: (a) at the convenience store operated by the victim D (45 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (b) took a bath for the victim on the ground that the victim’s display of the goods before the convenience store and the Defendant’s display of the goods on the front of the convenience store; (c) took a bath for the victim; and (d) obstructed the victim’s operation of the convenience store by force by avoiding disturbance for about 20 minutes; and (d) obstructed the victim’s operation of the convenience store by force.

2. The Defendant committed assault, at the same time, at the same time and place as indicated in the foregoing paragraph 1, such as the victim’s chest and face boom with the victim’s finger by hand, and the vinyl paper containing a drinking water, where the victim’s face is displayed towards the victim’s face.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Written statements of D;

1. Investigation report (a summary order and attachment of the text of the judgment), summary order (the case, such as obstruction of business affairs, etc. involving the Seoul Southern District Court 2015 High Court 2015 High Court 1085 High Court 2015 High Court 263 High Court 2015 High Court 2015 High Court 2633 High Court);

1. The body part of the victim's wife and the photograph of the criminal tool;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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 260 (1) of the Criminal Act (the point of violence and the choice of punishment by imprisonment) concerning 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 the recommended sentences according to the sentencing criteria;

(a) Category 1 (Interference with Business) (Interference with Determination of Type) (Interference with Business) (Decision of Type), the basic area [Determination of the territory of recommendation] [Scope of recommendation] from June to June 1, 200;

(b) Class 2 Crimes (Assaults) and Class 1 (General Violence) (Determination in the sphere of recommendation) (Determination in the territory of recommendation), the basic area [Scope of recommendation] from February to October.

(c)the final scope of sentence, the upper limit of crimes No. 1.

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