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(영문) 서울남부지방법원 2019.06.12 2018고단6687
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On November 8, 2018, from around 17:05 to 17:10 on the same day, the Defendant: (a) went under the influence of alcohol on the building of Yangcheon-gu Seoul, and on the first floor, “D” restaurant operated by the victim C; (b) but refused to provide alcohol to the victim; (c) and (d) the Defendant so sounded that “I will not give any alcohol, e.g., bit bit bit bit bit bit bit bit bit bit bit bit,” and obstructed the victim’s restaurant business by forcing customers to go out of the restaurant, thereby obstructing the victim’s restaurant business by force for about five minutes.

On January 19, 2019, the Defendant, at around 22:25, the second floor victim F of the building in Yangcheon-gu Seoul E-gu, Yangcheon-gu, Seoul, caused the injury of the victim due to the victim’s her failure to operate his/her business by her hand on one occasion, and the victim’s scambling, and the victim’s scambling of the treatment days.

Summary of Evidence

"2018 Highest 6687"

1. Defendant's legal statement;

1. C's statement of victim "2019 order463";

1. Defendant's legal statement;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, Articles 314(1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

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

(a) Class 1 crime (Interference with Business Decision) (Type 1) which interferes with business affairs; [Type 1] which is the basic field of interference with business affairs (the scope of the recommended field and the recommended range]; six months to one year and six months; and

(b) Second offense (determination of types) (Inflicting), general injury [Class 1] general injury [the scope of recommendations and recommendations] basic area, four months to one year and six months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: The upper limit of crimes No. 1 of June through February. 1.

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