Cases
2015 Highest 715 Business Interference
Defendant
Red ○ (1951) (1951), architectural technicians
Prosecutor
Is-in-court (prosecution) and in-service trial (public trial)
Defense Counsel
Attorney Kang Han-soo (Korean National Assembly)
Imposition of Judgment
July 15, 2015
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
【Criminal Records】
On January 16, 2015, the Defendant was sentenced to two years of suspension of execution in the Jeju District Court for the crime of interference with business, etc., which became final and conclusive on January 24, 2015, and is currently under suspension of execution.
Criminal facts
The Defendant was detained by ○○○○’s report, the ○○○○, the Mat operator of the Mat-si, in Jeju-si, and was convicted as above. On May 30, 2015, the Defendant found the Mat-type after drinking alcohol on May 30, 2015, the Defendant was sentenced to imprisonment due to the death of the victim, and the Defendant died of the Mat-type family members, who died of the Mat-type. The Defendant interfered with the victim’s marina business by force of approximately 40 minutes from that day to 22:20 minutes from that day.
Summary of Evidence
Omission
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 314(1) of the Criminal Act, Selection of Imprisonment
Reasons for sentencing
In consideration of the following circumstances, punishment shall be determined as ordered:
○ favorable circumstances: Recognizing and opposing the facts of crime;
○ Unfavorable Circumstances: A person who obstructs the business of a marina operated by the victim several times and assaults the victim.
Criminal facts, etc.
The damage to the victim during the period during which the judgment became final and conclusive;
It is not very good to commit a crime by searching for Maart operated by it, and obstructing its business;
The fact that the damage has not been recovered by the second time
○ Other: Defendant’s age, character and conduct, environment and circumstances before and after committing the crime.
Judges
Freeboard Kim