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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단2592
업무방해
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

Defendant

A has seven times of fine due to the previous convictions related to violence, and Defendant B has one time of fine due to the previous convictions related to violence.

On September 8, 2015, at around 23:30 to September 9, 2015, the Defendants prevented the Defendants from smoking at the main point of “F,” operated by the victim E in Gyeyang-gu, Gyeyang-gu, So-called “F,” and Defendant A had a sound so as to read, “The Defendant A was unable to engage in funeral in the same year, bottle, and so-called “F,” and Defendant B was unable to smoked with the victim’s sound, “F,” and “I cannot do so only by a few months,” respectively.

Accordingly, the Defendants conspired to interfere with the victim's main business by force.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the reason for sentencing being taken into account during the period), [the scope of the recommended punishment in accordance with the sentencing guidelines] [the scope of business interference] and Article 62(1) of the Act on the Suspension of Execution, the mitigated area (one to eight months] [the sentence] : the defendants spread desire to the main officer and interfere with a certain period of time on the grounds that the defendants were not infinite; the defendants A had multiple criminal records, which are favorable to the crimes of this case: The defendants are receiving treatment by mental division; the degree of interference is relatively minor; the above circumstances include the defendants' age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, etc., the sentence shall be determined within the scope of the recommended sentence.

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