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(영문) 인천지방법원 2015.09.24 2015고단4442
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 1, 2012, at around 19:00, the Defendant: (a) discovered that the victim D (Nam, 69 years of age) who independently runs the call bareboat business, without joining the “C,” around the first floor of the passenger terminal site of Incheon International Airport, which was located in Jung-gu Incheon International Airport No. 271, 271; (b) found the victim to run the call bareboat business; and (c) made the victim’s “this bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom, as indicated in the attached list between the date and March 2, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements by prosecution to D, F, and E;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 crime (Interference with Business around the end of December, 2014 for Victims E) (Scope of Recommendation] No basic area (Interference with Business) (6 months to one year and six months) (special person) exists;

(b) Class 2 crime (Interference with Business around February 8, 2015 for Victims E) [Scope of Recommendation] Interference with Business: Type 1 (Interference with Business) (Interference with Business) (No basic area (6 months to one year and six months) (special person)

(c) Class 3 crime (Interference with Duties of Police Officers on January 2014 for Victims D) [Scope of Recommendation] Interference with Duties, Type 1 (Interference with Duties) (Interference with Duties) (Class 1 to 8) (Special Mitigation) (Special Mitigation) and the scope of final sentence according to the aggravation of punishment for multiple offenders who are not subject to punishment: Six months to May 20

2. The fact that the nature of the crime is inferior, such as interfering with the duties of other call service providers, the fact that no agreement has been made with the victim E, and the sentence is four times (including once of the same kind) after joining the sentence organization.

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