logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.01.12 2016고단3582
업무방해
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, while operating a new store with the trade name “E” in Seongdong-gu Seoul Metropolitan Government, caused the decline in the sales performance of the Victim SK (State) in the vicinity of the above business establishment due to the fact that the victim SK had been operating a building project “F”, he was dissatisfied with the complaint against the victim.

On September 22, 2016, the Defendant found the F Corporation site in Seongdong-gu Seoul Metropolitan Government on September 22, 2016, and spreads the entrance door to the construction site and its body, and then “Iskn cannot do so with the wind that Iskn performs construction work here, and do not live.”

B. In the case of death, death, death, and death, and death of internal organs, the action to put fire into a single-use dog was taken, and thus, it obstructed the entry of vehicles to enter the construction site and suspended the construction work.

Accordingly, the Defendant interfered with the construction work of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographic data by cutting off on-site ctv video recording and capturing on a mobile phone screen;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The motive for committing a crime and sources of punishment that may be considered in the mitigated area (from to August) of the scope of business obstruction [the scope of recommended punishment];

2. The punishment imposed on the offender is a crime committed during the period of the suspended sentence, the present period of the suspended sentence has elapsed, and there are circumstances to consider the motive for committing the crime, the victim and the defendant agreed smoothly, and the fact that the mistake is divided and reflected by the defendant;

arrow