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(영문) 인천지방법원 부천지원 2021.03.25 2021고단506
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 7, 2021, the Defendant committed the crime at around 21:40 on February 7, 2021, entered the “D” where the victim C works in Bupyeong-si B of Gyeonggi-si on February 7, 2021, and obstructed the victim’s privacy or operation by force for about 20 minutes, such as entering the said victim’s “D” and “satisf within a single food distance” and “satisf within a single food distance.”

2. Around February 8, 2021, the Defendant committed a crime at around 04:10, around February 8, 2021, entered the same place, and obstructed the victim’s privacy or operation by force for about 30 minutes, such as: (a) entering the above victim, etc. at around 04:10 on February 8, 2021; and (b) “Wing away upon the expiration of the period of suspension of execution,” and “Wing away upon the expiration of the period of suspension of execution,” and (c) entering the smoking room without permission.

3. On February 8, 2021, the Defendant: (a) entered the said place at around 06:10 on February 8, 2021, the Defendant interfered with the victim’s friendship or operation by force for about 30 minutes, such as smoking, at a place other than the smoking room, in a large interest of 06:10 on February 8, 2021, the Defendant: (b) entered the said place; (c) “I see this dog by putting it into the nick; and (d) see it by inserting tobacco in the outside of the smoking room.”

Summary of Evidence

1. Statement made by the police against C;

1. Application of video-related Acts and subordinate statutes contained in field CCTV CDs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing business and selecting a punishment by imprisonment);

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

(a) Class 1 Crimes (Interference with Business) [Determination of Type] Interference with Business Affairs (Type 1] There is no interference [Special Sentencing] with business affairs (the scope of recommended areas and recommendations] [the scope of punishment], basic area of crime (the scope of recommended areas and recommendations], six months through one year and six months;

B. No. 2 Crimes (Interference with Business) [Determination of Type] Interference with Business (Type 1] Interference with Business (Type 1] No person [the territory of recommendation and the scope of punishment] [the scope of recommendation] basic area, six months through one year and six months.

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