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(영문) 서울남부지방법원 2016.06.16 2016고단1733
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On April 3, 2016, from around 21:55 to 22:15 on the same day, the Defendant: “D Mart” managed by the Victim C located in Guro-gu Seoul Metropolitan Government, on the following grounds: (a) the employee is not friendly; (b) the Defendant ran the victim with an article against the victim; and (c) the Defendant flicked the victim and other employees in large interest; and (d) the Defendant flicked

20 minutes have been avoided for about 20 minutes, such as having customers enter the store by having them return to the store, by having them return to the store.

As such, the Defendant interfered with the management of the victim's stores by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with business affairs [the basic area of interfering with business affairs]: six months to one year and six months [the person subject to special sentencing] [the person subject to special sentencing] [the decision of sentence] considering that the defendant has a history of being punished by a fine for a similar case over several times in the past, and that the defendant again has a history of being punished by a fine, the degree of illegality of the instant actor is significant.

On the other hand, if the defendant acknowledges his mistake and considers the degree of power exercised in the process of the instant case, it is difficult to hold the defendant accountable for his match.

In addition to these circumstances, taking into account all the sentencing conditions as shown in the proceedings of the instant case, including the Defendant’s age, sex, health, family relationship, criminal records, and circumstances after the crime, the Defendant sentenced the Defendant to a suspended sentence of imprisonment as ordered and ordered community service for a certain period of time.

It is so decided as per Disposition for the above reasons.

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