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(영문) 수원지방법원 2016.03.25 2015고단6132
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 16:23, 2015, the Defendant: (a) walked a telephone at the “E Call Center” operated by the Victim D Co., Ltd. in Young-gu, Suwon-si; and (b) carried out a private-private currency with the counseling private person F. F. F. “I am for a year to Chewing and Chewing; (c) I am for the same year f.m. “I am for this bitch son; and (d) I am for the same year bit of bitch bitch; and (e) continue to hold another counselor’s telephone with the victim D Co., Ltd.; and (e) I am for all explosion;

It should be seen that the call center operation of the victimized person by force was interfered with the call center operation of the victimized person by leaving the phone 26 times over 2 hours, such as the humb, and making the telephone 26 hours, and using the telephone with the counselor and making the telephone with the counselor feel sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Statement prepared by the F;

1. Recording in a record;

1. Application of the Acts and subordinate statutes in writing of a report of investigation (Attachment of a recording statement of suspect counseling history);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence for the sentencing guidelines / [type] interference with business, interference with business (Scope of the recommended sentence], six months of imprisonment, one year and six months;

2. In light of the following circumstances: (a) the Defendant’s decision of sentence was made on 26 occasions via phone calls to make verbal abuse that causes humiliation and sexual humiliation against the victim; and (b) the victim’s counsel appears to have received considerable mental impulse and stress due to the Defendant’s crime; (c) the Defendant had no record of punishment heavier than that of suspended sentence for the same kind of crime; and (d) the confession of the Defendant was made; and (e) the Defendant’s age, sexual behavior, and motive for the crime were expressed in the instant pleadings.

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