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(영문) 서울남부지방법원 2017.05.08 2017고단368
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 11, 2016, the Defendant was sentenced to four months of imprisonment and one year of suspended execution as a result of interference with business affairs at the Seoul Southern District Court, and the judgment became final and conclusive on May 19, 2016, and is currently under suspended execution.

【Criminal facts” from around 11:00 to around 14:25 of the same day, the Defendant, from around 17:1, 201 to the 17:00 of the same day, expressed the said restaurant employees at the fixed landing restaurant operated by the victim C, and continuously expressed the said restaurant employees at a large interest to the public, and made the customers who are taking meals at the restaurant with the large sound to the public, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: Application of a reply to inquiry, such as inquiry about criminal history, and application of Acts and subordinate statutes of a report on investigation (Attachment to the same criminal record);

1. Grounds for sentencing under Article 314 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Extent of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] interference with business affairs [the special sentencing factors]: Reduction of the punishment base [the area of recommendation and the scope of the recommended punishment], reduction area of the punishment, January to August of the imprisonment.

3. In view of the fact that the Defendant who was sentenced on May 11, 2016, was sentenced to a suspended sentence of one year on the 19th of the same month for interference with the business of the victim, as seen in this case, and was sentenced to a suspended sentence of one year on the 19th of the same month, after the said judgment became final and conclusive, the Defendant committed the instant crime during the suspended sentence period, and even before that, the Defendant was issued a summary order by obstructing the same victim’s business, it is deemed inevitable to sentence a certain

On the other hand, when determining the term of the punishment, the defendant confessions his mistake and reflects his mistake, and the victim wants to take into account the favorable circumstances.

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