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(영문) 인천지방법원 2020.08.27 2020고단4141
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 9, 2018, the Defendant was sentenced to eight months of imprisonment for property damage in Seoul Southern District Court on March 9, 2018, and completed the execution of the sentence in Seoul Southern Prison on October 3, 2018.

Criminal facts

On April 30, 2020, from around 06:55 to 07:10 on the same day, the Defendant: (a) stated that the victim B was boarding a taxi operated by the victim B in front of the Bupyeong-gu Incheon metropolitan community center located in Bupyeong-gu, Incheon, Bupyeong-gu, 117 on the road; (b) stated the victim’s desire to “I am going to the right side of Bupyeong-gu, Incheon; (c) I am going to the right side of the port of destination; (d) I am to “I am going to the right side of the night-gu, Incheon; (d) I am to make the victim continue to operate the said taxi without a destination; and (d) the victim stopped the said taxi at the D Zone of the Incheon metropolitan Police Station located in Bupyeong-gu, Incheon; and (e) expressed that I am to the victim “I am to see it; and (e) obstructed the victim’s duties by abusing the victim’s disease surrounding the place where outside the taxi is under way.

Summary of Evidence

1. On documentary evidence of the defendant's written statement B sent to police officers;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (a) and investigation reports (a copy of the judgment of the same kind as the accused's inquiry reports and repeated crimes, etc.);

1. Reasons for sentencing Article 35 of the Criminal Act among the statutory provisions applicable to the crime, Article 314 (1) of the Criminal Act that apply to the choice of a criminal offense, and Article 35 of the Criminal Act

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: Imprisonment with prison labor for a period unfavorable to April: A crime committed during the period of repeated crime; in particular, the defendant commits the crime of interference with business and obstruction of performance of official duties during the period of the repeated crime.

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