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(영문) 전주지방법원 군산지원 2019.11.29 2019고단1046
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 24, 2019, at around 18:20, the Defendant obstructed the victim’s primary store business by force for about 40 minutes, such as: (a) the victim C’s main point of “D” operated by the Doksan-si B, without any reason, and (b) having the customer with a disturbance of drinking, and (c) having the customer with a disturbance of drinking.

2. In the same time and place as 1.1. paragraph, the Defendant insultd the victim by openly insulting the victim, such as “Isk nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement G, C, and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for a crime;

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. Scope of punishment by law: One to six years of imprisonment;

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

(a) Class 1 crime (Interference with Business) [Determination of Types] Interference with Business (Type 1] : Interference with Business / [Special Convict] - Reduction element: Reduction element (including serious efforts for recovery of damage) [the area of recommendation and recommendation range] mitigation range, imprisonment with prison labor for one month to eight months (general person)

(b) Class 2 crime (Contempt) [Determination of Punishment] and Defamation [Type 1] and the general insult [Special Convicts] - The elements of mitigation of punishment (including efforts to recover damage): The scope of mitigation area and recommendation range], the scope of mitigation area (the scope of recommendation area and recommendation range) and one month to four months (the general person who is a person in a form of punishment).

(c) Scope of recommendations according to the standards for handling multiple crimes: One month to ten months of imprisonment (the upper limit of crimes No. 2).

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