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(영문) 서울남부지방법원 2020.02.11 2019고단5772
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On August 28, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and a fine of 300,000 won by the Seoul Southern District Court for the crime of interference with business, etc., and the Defendant completed the execution of the sentence in the Seoul Southern Prison on March 26, 2019.

【Criminal Facts】

On October 13, 2019, at around 02:30 on October 13, 2019, the Defendant: (a) requested the victim to receive the help, but refused to do so; (b) the Defendant was unable to re-satise a disturbance for about 30 minutes, such as “I am, I am aware of the feasas, the inside, and the ambas, so that I would be unable to stop a funeral; (c) ambas, the ambas, the ambas, the ambas, the ambas, and the ambas, the ambas, the ambas, the ambas, and the ambas, the passage of the entrance was obstructed.

Accordingly, the Defendant interfered with the legitimate business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Investigation report (verification of 112 Report List) - 112 Report Settlement List;

1. Previous convictions in judgment: Criminal records, investigation reports (examination of suspect confinement records), results of the search of prisoners, investigation reports (verification of previous convictions in the same case), written judgments, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types of punishment] interference with business affairs [Class 1] interference with business affairs (special sentencing factors]: Reduction factors of the increased amount of punishment not to be punishable: Reduction area of the same repeated crime [the area of recommendation and the scope of recommendation] mitigated area, one month to eight months in imprisonment.

3. The sentencing conditions set forth in the records and arguments of this case, such as the circumstances following the decision of sentence, the extent of damage and the result thereof, the circumstances before and after the commission of the crime, and the age, character and conduct, environment, and criminal records.

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