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(영문) 인천지방법원 2021.02.10 2020고단10695
업무방해
Text

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

Reasons

Punishment of the crime

1. On October 27, 2020, the Defendant committed the crime of around October 27, 2020, and around 09:40 on October 27, 2020, the Defendant interfered with the victim’s restaurant business by force by leaving the victim’s restaurant business by letting the victim get off the house which was living in Michuhol-gu Incheon, on the ground that the victim was not able to provide monthly support, and the victim was driven away from the house which was living in the city.

2. On October 29, 2020, the Defendant, at around 12:07 around October 29, 2020, attempted to stop the whole of the cafeterias in the above cafeterias from the places indicated in paragraph (1) for the said reasons, but it was impossible for the Defendant to bring out the said cafeterias due to the locking device installed by the victim, thereby obstructing the victim’s restaurant business by force, under the influence of force, by leaving out the oxygen generators in the above cafeterias not being supplied.

3. On November 8, 2020, the Defendant, at around 14:36 around November 14, 2020, obstructed the victim’s restaurant business by force, by means of force, by leaving the victim’s market value of 8.90,00 won, such as electric language, language, etc. in an amount of KRW 8.90,00,00, at the place indicated in paragraph (1) at around 14:36 around November 202

4. On November 9, 2020, the Defendant, at around 12:00 around November 12, 2020, discontinued the victim’s restaurant business by force, and interfered with the victim’s restaurant business by force, under the same manner as the victim’s market price was KRW 1.30,00,00, at the place indicated in paragraph (1) at around 12:0, in a manner as described in paragraph (2).

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. Application of Acts and subordinate statutes to photographs, such as the damage of property, photographs of the suspected person, and mermos;

1. Article 314 (1) of the Criminal Act and the choice of punishment for the crime, Articles 314 of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing guidelines shall be recommended;

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