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(영문) 인천지방법원 2020.10.07 2020고단5270
업무방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around June 2019, the Defendant received a proposal from B that “The Defendant would offer 45,000 won per 1 dump truck if he/she brought the earth and sand into the Seoul Metropolitan area reclaimed land by using the victim’s soil and sand removal certificate,” and accepted the proposal. The Defendant, even though it is not possible to bring it into the victim’s stoptoptoptoptoptop toptoptop toptop toptop toptop toptop toptop toptoptop toptop toptop toptop toptop toptop toptop toptop

On June 24, 2019, the Defendant sent to another dump truck article a dump truck's article, stating that "on the victim's dump truck's dump truck's dump truck's cump truck's 35,00 won per 1 dump truck's dump truck's dump truck's dump truck's dump truck's dump truck's dump truck's dump truck's dump truck's dump truck's dump dump truck's dump dump truck's dump dump dump truck's dump dump dump, presented the victim's dump dump dump'

Accordingly, the defendant interfered with the victim's activities of bringing in of earth and sand at the government-funded earth and sand site by fraudulent means.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, E (tentative name), F, G, H, I, J, and K of each police statement made to the defendant's court, the receipt of the statement made to the defendant by each police officer, the investigation report on the spot capture photograph (Evidence Nos. 20, 27, 64, 68 of the Evidence List), and each accompanying material;

1. Article 314 (1) or 313 of the Criminal Act applicable to the relevant criminal facts and Articles 314 (1) or 313 of the Criminal Act;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing criteria for offenses interfering with business affairs [Type 1] interference with business affairs [Special Aggravation]: Where a person repeatedly commits a crime over a considerable period of time (the area of recommendation and the scope of recommendation];

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