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(영문) 인천지방법원 2018.02.01 2017고단7450
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 17, 2017, the Defendant: (a) expressed the victim’s “D” restaurant in Gyeyang-gu, Incheon, the victim C (51 years of age) of the Victim C (51); (b) made the victim take a bath to “this rings.”; and (c) obstructed the victim’s restaurant business by force, such as cutting off food waste transit parts located therein into a cooling house and cutting off the cooling and glass.

2. The Defendant obscenity, at the time, at the place, and at the time, at the place, as described in paragraph 1, was excluded from all the statues and Hasheds that the said C and his/her employees, and other customers were kept in custody, and publicly obscenityd the said restaurant in a cafeteria state.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 314 (1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor, respectively;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing prescribed in Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than six years;

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

(a) Basic crimes [Determination of Type] Interference with Duties and Interference with Duties (Special Sentencing Persons): Reduction element: Imprisonment with labor for a period of one month to eight months; and

(b) Scope of modified recommended sentences: Imprisonment with prison labor for not less than one month (the maximum of the recommended sentences shall not apply because there is a public performance or obscenity crime in the holding that the sentencing criteria are not set);

3. Determination of sentence: Six months of imprisonment, and one year of suspended execution, each of the crimes of this case by the defendant is not good, but the defendant recognizes all of the crimes of this case;

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