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(영문) 서울중앙지방법원 2017.08.21 2017고단4615
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. In around 19:50 on June 22, 2017, the Defendant interfered with his/her business, “D cafeteria operated by the injured party C in Gangnam-gu Seoul,” which was operated by the injured party C, without any reason, to customers who had been in the place without the influence of alcohol.

“I would like to interfere with the victim’s restaurant business by force by driving the disturbance for about one hour, such as preventing customers who want to enter and depart, etc.

2. The Defendant, at the time, at the time, at the place specified in the above paragraph 1, “the Defendant interfered with the business of a prisoner,” was 112 reported and sent to the Defendant F of the Gangwon-nam Police Station Emba Police Station Embox F, etc., who heard the above C and the above restaurant staff G, etc., in the manner that “the Defendant ought to do so,” and died.

"Publicly insulting the victim by taking a bath, etc.".

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement;

1. Complaint;

1. To make a report on internal investigation (to hear statements by an excursion ship owned by a victim);

1. Application of Acts and subordinate statutes to report internal accidents (to hear statements by an excursion ship with a shot light);

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes, which are determined by a obstruction of heavier business);

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant, etc. on the grounds of the sentencing), the following circumstances are comprehensively taken into account: the defendant’s age, sex behavior, environment, family relationship, health status, motive, means and consequence of the crime, etc.; and the scope of the recommended punishment to interfere with the business of which the sentencing guidelines are set (see, e.g., June - January 6), taking into account the scope of the recommended punishment to interfere with the business of which the sentencing guidelines are set.

There has been a record of being punished as a fine once due to the crime of insult and insult by the crime of interference with normal business of the same kind disadvantageously.

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