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(영문) 서울남부지방법원 2018.07.25 2017고단5371
업무방해
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[criminal record] On August 21, 2015, the Defendant was sentenced to 10 months of imprisonment with labor due to interference with business by the Seoul Southern District Court, which was pending in the final appeal on October 5, 2015, and was released from the Seoul Southern District Court due to the cancellation of detention. On November 26, 2015, the said judgment became final and conclusive on November 26, 2015, and the execution of the sentence was terminated by including the number of days of detention before the said final

On June 29, 2016, the facts charged in the indictment were stated as the completion of the execution of the sentence by the Seoul Southern Prison, but the detention was revoked on October 5, 2015 as a result of the confirmation of the detailed contents of the indictment in this case.

[2] On July 16, 2017, the Defendant: (a) around 16:30 on July 16, 2017, on the side of the adjacent packing horse in the Gangseo-gu Seoul Metropolitan Government R, and (b) on the packing horse operator, the Defendant is obliged to carry out funeral services for the Victim T.

Reporting to the Gu office shall be prohibited from funeral services.

In other words, "an illegal act" had interfered with the victim's packing and finishing business by 25 minutes, such as preventing customers from being misled.

Summary of Evidence

1. Each legal statement of witnesses, U, and V;

1. Statement made by the police against T;

1. A written statement of U and V;

1. A record of investigation report (a record of 112 reported telephone systems);

1. Investigation report (Attachment of a photograph of the publishing site);

1. Previous convictions in the judgment: References to inquiries such as criminal history, text of the judgment [the case, such as interference with business affairs, etc. of Seoul Southern District Court Decision 2015No. 527, No. 2015 No. 574, Feb. 27, 2015], the personal expropriation status, and application

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Determination on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act for aggravated repeated crimes

1. The gist of the assertion was that the Defendant did not want the victim to take a bath, and that the customer did not appear to be innocent because the victim did not start the packing package business, and that the Defendant did not interfere with the victim’s packing and horse business.

2. Determination

(a) In regard to the obstruction of business, the term “business” means a continuous engaged in an occupation or other business;

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