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(영문) 서울남부지방법원 2020.06.17 2020고단680
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 12, 2020, the Defendant committed the crime against the victim B around 19:25, the Defendant obstructed the victim’s restaurant operation work for about one hour and 40 minutes by force, such as: (a) the victim B’s “D” operated by the victim B in Yangcheon-gu Seoul Metropolitan Government, without any justifiable reason, who takes a bath to other customers; (b) the time booms; (c) the Plaintiff flading a large interest; and (d) smoking tobacco.

2. On January 12, 2020, the Defendant: (a) obstructed the victim’s restaurant operation work for about one hour and thirty (30) minutes by force by using the following methods: (b) around 21:00, the Defendant committed the crime against the victim E, by having the victim E, in “G” operated by the victim E in Yangcheon-gu Seoul Metropolitan Government, take a bath to other customers without any justifiable reason; (c) frank, fright a large sound, and entered the store.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of the B and E;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

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

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(b) Class 2 crime (Interference with Business) (Interference with Business) (Article 1) interference with business affairs (Type 1): Reduction elements of punishment (including efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with prison labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: One month to one year (the maximum of crimes No. 2).

3. Determination of sentence: Imprisonment;

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