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(영문) 서울남부지방법원 2015.12.01 2015고단4242
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From Oct. 4, 2015 to Oct. 20:10, 2015, the Defendant obstructed the victim’s restaurant business by force. From Oct. 20, 2015 to Oct. 20:30, the Defendant expressed that “this e-mail shall be carried out,” and “this e-mail shall be carried out,” in which the victim was an employee of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Party D’s employee, and in which the victim was an employee of the e-cafeteria.”

2. On October 4, 2015, from around 20:45 to 21:05, the Defendant: (a) expressed, within the F cafeteria operated by the victim in Yeongdeungpo-gu Seoul Metropolitan Government, that “I am the same bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of F and C;

1. Application of Acts and subordinate statutes to the 112 reported case processing statement and investigation report (the investigation of the counter-party of the persons concerned and the hearing report of witnesses);

1. Relevant Articles of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crimes. Article 314 (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of recommending punishment] The basic area for sentencing under Article 62-2 of the Social Service Order Act, and Article 59 of the Act on Probation, Etc.: No person [the treatment of multiple persons] from June to one year and six months [the treatment of multiple persons] shall be two same concurrent crimes, and 1/2 (9) of the upper limit of the range of punishment for other crimes shall be added to the upper limit of the range of punishment (one year and six months). The defendant has been punished more than 10 times for like violence, interference with duties, and fraud [the decision of sentence] from June to two years [the decision of sentence], despite the fact that the defendant had been punished more than 10 times for a crime, the social order

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