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(영문) 인천지방법원 부천지원 2019.09.06 2019고단2621
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 19, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of interference with business, etc. in the Busan District Court’s Branch Branch, and on May 22, 2019, the Incheon Detention House completed the enforcement of the sentence.

【Criminal Facts】

1. On July 29, 2019, at around 09:30, the Defendant 2019, around 09:30, obstructed the victim’s beauty room business by force by driving the so-called “the victim, who scam, who scams, who scams, and who scams,” and scams, in front of the D Beauty Center operated by the victim C (the 50-year-old), and making it difficult for other customers to enter the beauty room for 3 hours.

2. At around 10:00 on August 4, 2019, the Defendant found that the Defendant displayed the victim’s mobile phone pictures before the beauty room, and obstructed the victim’s beauty room’s business by force by leaving the victim’s cosmetic business by putting the victim up through the cosmetic glass room, making the window booms over about 30 minutes of the window, and making other customers unable to enter the cosmetic, by passing around 30 minutes of the door.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each written statement of C;

1. Reports on internal investigation (fields, etc.), 112 reports, records of handling cases, site photographs, etc., investigation reports (fields, etc.), investigation reports (Attachment to written judgments for crimes of interference with business affairs against the same victim);

1. Before judgment: Application of criminal records and results of confinement of prisoners (A)-related Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

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

2. Aggravation of the recommended punishment according to the sentencing guidelines [the range of recommended punishment] interference with affairs [the category 1] interference with affairs (the special sentencing person]: the aggravated area of repeated crimes of the same kind [the recommended area and the scope of recommended punishment], imprisonment.

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