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(영문) 서울중앙지방법원 2016.07.21 2016고단4174
업무방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 13, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes. On September 3, 2015, the Seoul Detention Center completed the enforcement of the sentence.

Criminal facts

Although there is no reason for the victim C to pay insurance money on behalf of the defendant, the defendant had a complaint at all times on the ground that the defendant did not pay insurance money on behalf of the defendant when he was in prison.

1. In around 00:45 on May 27, 2016, the Defendant damaged the singing door door so that the amount of money can not be known by setting off the singing door door, on the ground that the Defendant reported the Defendant to the police at the Esing door of the victim’s operation in Dongjak-gu Seoul Metropolitan Government (Seoul) on the ground that he reported the Defendant’s disturbance to the police.

2. On May 28, 2016, the Defendant obstructed the victim’s singinging business by force by force, such as: (a) on the ground that the victim reported the Defendant on May 28, 2016, who was locked around the entrance, the victim should check the fact of engaging in sexual traffic reported to the police; and (b) entering the singing room without permission by force, on the ground that the victim reported the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Business registration certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the date on which the execution of the suspect is completed);

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interfering with business and the choice of imprisonment with prison labor) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Scope of sentencing recommended according to the sentencing criteria;

A. First-Class 1 (Damage) (Scope of Recommendation) is an aggravated area (from August to June 1).

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