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(영문) 서울서부지방법원 2018.09.13 2018고단2461
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 9, 2018, at around 21:30, the Defendant: (a) placed the victim D (53 tax) located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, with no justifiable reason, in the state of drinking, the Defendant: (b) placed the drinking room to the main customers without any reason; (c) placed the victim and the customers who refrain from doing so; (d) hump them; (e) hump them; and (e) interfered with the victim’s main shop operation for about 10 minutes by avoiding disturbance.

2. The Defendant, at the time, at the time and place specified in paragraph 1, assaulted the victim by putting bats of the victim’s hand when the victim requested the victim to return home.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on statement by the F counterpart telephone from a witness), investigation report (verification of CCTV data from a place of occurrence);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act (the point of interference with business), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggravated for concurrent crimes with the punishment heavier than that provided for in the relevant offense, but to the extent that the punishment is aggregated with the long-term punishment for two crimes);

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

(a) Basic Crimes - No interference with business affairs [determination of types] interference with interference with business affairs (the scope of recommendations and recommendations] (the territory of recommendations and the scope of punishment), basic area, six months to one year and six months;

(b) Concurrent Crimes - Types 1 (Special Sentencing) (Special Sentencing) of Violence Offenses - Where the degree of violence is minor (the territory of recommendations and the scope of recommendations) mitigated area, two months to ten months of imprisonment.

(c) Criteria for handling multiple crimes: Six months from one year to one year (the lowest limit shall be six months, which shall be the lowest limit of the scope of sentence for basic crimes, and the upper limit shall be one year and six months, which shall be the upper limit of the scope of sentence for basic crimes, plus five months, which shall be 1/2 of the upper limit of the punishment);

3. Determination of sentence: Six months of imprisonment; and

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