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(영문) 인천지방법원 2020.07.23 2020고단4103
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2020, from around 00:30 to 02:00 of the same day, the Defendant obstructed the Defendant’s business, at the victim C’s Danoso room operated in Michuhol-gu Incheon, and at the same time, the Defendant was unable to enter the instant singing room by avoiding disturbance, such as under the influence of alcohol, putting the beer’s disease on the floor, and destroying it.

Accordingly, the defendant interfered with the victim's singing business by force.

2. The Defendant: (a) was asked to return home from the victim C at the time and place specified in Paragraph (1); (b) was collected from the victim’s body of the victim’s disease, which was a dangerous article on the tables at the victim’s own location.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Field photographs of the written statement;

1. Application of the Acts and subordinate statutes to report investigation and internal investigation;

1. Relevant Article 314(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (a point of interference with business), the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence ]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

(b) Class 2 crime (Interference with Business) (Interference with Business) (Interference with Business / [Type 1] Interference with Business / [Special Convict] Reduction element: Reduction element (including efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(c) Standards for handling multiple crimes shall be met;

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