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(영문) 수원지방법원 안양지원 2020.04.28 2020고단149
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 24, 2019, the Defendant interfered with business: (a) around 23:28, and around 23:28, at the “D’ point of operation of the Victim C (Y, 48 years old) located in Ansan-si B, Annyang-si, where the victim demanded the calculation of the drinking value, the Defendant saw 2 beer who was on the table of the instant main shop where he was seated by another customer; (b) broken off the beer who was on the top of the instant main shop; and (c) broken off the beer who was on the top of the instant main shop; and (d) laid down two beer who was shouldered to the victim.

Accordingly, the defendant interfered with the victim's main business by force.

2. At the above time and place, the Defendant assaulted two shouldered beer diseases, which are dangerous objects to the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. Receipt for the alcoholic beverage price;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing CCTV video data from DNA stations;

1. Relevant Article 314(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (a point of interference with business), the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the crime of interference with business heavier than the hostage) among concurrent crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment for one month to seven years;

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

(a) Class 1 crime (Interference with Business) [Determination of Punishment] Obstruction of Business, Type 1 (Interference with Business): Mitigation of Punishment: Where the method of aggravation of punishment is very poor, where the degree of interference with business is serious (where the method of aggravation of punishment is very poor, the area of recommendation and the scope of recommendation] aggravation area, and one to three years and six months;

(b) Class 2 crime (Special Violence) (Determination of Punishment), violent crime, Type 6 (Cumulative Offense and Special Violence) (Special Assaults): Reduction element: Reduction element of punishment (the area of recommendation and recommendation range) and reduction range of punishment [the scope of recommendation range and recommendation range], February through February 1.

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