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(영문) 부산지방법원 2020.12.17 2020고단3945
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 29, 2020, the Defendant interfered with the business of the Defendant: (a) around September 23:40, 202, at the “D” restaurant operated by the victim C in the Geum-gu Busan Metropolitan Government, the Defendant obstructed the victim’s restaurant business by force by driving the disturbance on the part of the victim and the surrounding customers who demanded the payment of the drinking value.

2. Around September 29, 2020, at the same place as Paragraph (1) of the same Article, the Defendant insultingd the victim F, who is a police officer belonging to the Geumcheon Police Station E District Unit, dispatched after receiving 112 report on the Defendant’s above behavior, and reported another customer to the victim F, who is a police officer belonging to the Geumcheon Police Station E District Unit, the Defendant insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report investigation by the F in the C’s written statement;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendations], the basic field of crime (the scope of recommendation field and recommendation range], and six months to one year and six months; and

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to ten months of imprisonment (the maximum of crimes No. 2).

3. Determination of sentence: 6 months of imprisonment with prison labor, and 1 year of suspended sentence, the Defendant committed the instant crime of interference with business even though he/she had the record of being punished for the crime of interference with business, and the police officer dispatched after receiving 112 report has not been disadvantaged.

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