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(영문) 서울동부지방법원 2018.03.30 2017고단4176
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From December 4, 2017, the Defendant committed the crime against the victim B around 05:40 on December 4, 2017, the Defendant obstructed the victim’s restaurant business by force by avoiding the disturbance between about 20 minutes, such as the voice of the meal among the meals in the victim B’s restaurant operated by Gangdong-gu Seoul Metropolitan Government “D cafeteria...........”

2. On December 4, 2017, around 06:15, the Defendant committed the crime against the victim E, thereby obstructing the victim’s restaurant business by force by avoiding disturbance between about 20 minutes, such as gathering coffee and cigarette butts on the floor, and taking the bath, etc., on the ground that the victim E-cafeteria in Gangdong-gu Seoul Metropolitan Government was not drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim B telephone);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that the defendant is against the recognition of all the crimes in this case, the fact that the defendant agreed with the victim E, the degree of interference with business is relatively heavy, violence crimes, and many criminal records, but most of the criminal records have been past 10 years, and there are no other criminal records as a result of interference with business in 2011 and 2015, and there are no other criminal records, in addition to the punishment of each fine as a result of interference with business in 2011 and 2015);

1. Application of the sentencing criteria;

(a) Class 1 crime (Interference with Business Affairs against Victims B) (Scope of Recommendation) (Scope of Punishment) basic area (Interference with Business Affairs) (from June to one year and six months) / None of special sentencing factors);

(b) Type 2 crime (Interference with Business Affairs for Victims E) (Scope of Recommendation) (Interference with Business Affairs) is not subject to punishment in the mitigated area (~8 months) (Special Sentencing).

(c)final;

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