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(영문) 부산지방법원 2016.03.24 2015고단8424
업무방해
Text

1. The criminal defendant shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than eight months with prison labor for the crimes set forth in the holding.

2...

Reasons

Punishment of the crime

[criminal record] On September 23, 2015, the Defendant was sentenced to one year of suspension of execution on September 23, 2015 by a crime of interference with business affairs at the Busan District Court, and the judgment became final and conclusive on October 1 of the same year, and is currently under suspension of execution.

[Criminal facts]

1. On August 2015, the Defendant interfered with the duty of police officers in the middle of 05:30 on the middle of August 2015, 2015, performed alcohol in the “E” operated by the victim D located in Busan Dong-gu, Busan, and claimed for the main liquor. However, the Defendant interfered with the victim’s Schlage’s business by force over about 30 minutes, such as drinking alcohol on the floor and drinking alcohol in the “E” operated by the victim D, but the victim refused it, resulting in the victim’s refusal to do so.

2. On December 2015, 2015, the Defendant interfered with the police officer’s duty of early December 12, 2015, 2015: (a) laid the entrance door door to which the victim would not sell alcohol at the same place as indicated in the above paragraph (1) around early 10:00; and (b) took a bath to the victim’s instant 20 minutes, such as: (c) cutting down the flaps, etc. of the victim’s flaps; and (d) obstructed the victim’s Schlage’s instant flaps, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, case search, and text of judgment;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to cases where a crime of judgment No. 1 and a crime of interference with business for which judgment becomes final and conclusive)

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (as to the crime No. 1 of the judgment in its holding),

1. The execution of imprisonment with labor shall be suspended in consideration of equity, etc. with the case where a crime of subparagraph 1 as stated in the judgment of crimes No. 1 and a crime of interference with affairs for which judgment becomes final;

2. The crime No. 2 of the holding [the scope of the recommended punishment] No. 1 of the basic area (6 months to 1 year and 6 months) (the decision of sentencing] of the basic area (the decision of sentencing) [the same victim] is already convicted of the same crime and is under suspension of execution after having been convicted of the same crime against the same victim, and is committed repeatedly against the same victim.

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