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(영문) 서울남부지방법원 2017.09.13 2016고단5896
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2016, the Defendant: (a) around 22:05 on November 27, 2016, 2016, the Defendant: (b) was under the influence of alcohol from the main point of “D,” operated by the Victim C (V, 59 years of age) located on the 1st underground of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul; (c) and (d) caused the death of himself; and (d) caused the death of himself; (d) the victim was prevented; and (e) the victim was placed at the entrance of the main point, thereby preventing customers from entering the main place.

Accordingly, the defendant interfered with the victim's main business by force.

On October 30, 2016, the Defendant: (a) around 20:47, the G convenience store working by the victim F in Gangseo-gu Seoul Metropolitan Government E, collected food in free of charge, changed the displayed food free of charge, and obstructed the victim’s convenience store business by force, such as “packer and Chewing expact,” going against the victim and his customers at the same time; and (b) attempted to go beyond the long-term on the side of the carper, and interfere with the victim’s convenience store business by force.

Summary of Evidence

"2016 Highest 5896"

1. A protocol concerning the examination of the police officers of the accused;

1. Protocol 2016 Senior 6319 " by the police statement of C;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes governing crimes;

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

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. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

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

(a) Basic crime: There is no interference with the business affairs of the victim F [the type of decision] to interfere with the business affairs of the victim F [the area of recommendation and the scope of punishment] [the scope of recommendation], the basic area, six months to one year and six months;

(b) Concurrent Crimes: Obstructing the business of obstructing the victim C from interfering with the business of interfering with the business of the victim [the person subject to special sentencing]. The mitigated element of punishment is not punishable [the territory of recommendations and the scope of recommendations];

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