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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1594

업무방해등

Text

Defendant is punished by imprisonment with prison labor for the crime of the 2018 senior group 1594 case, and the crime of the 2018 senior group 2573 case.

Reasons

Punishment of the crime

The defendant of "criminal history" was sentenced to two years of suspension of execution on June 28, 2018 by the Daejeon District Court's Branch of the Daejeon District Court for obstruction of business, and was sentenced to two years of suspension of execution on July 6, 2018, and is still under suspension of execution.

On July 18, 2017, the Defendant: (a) around 23:40 on July 18, 2017, the Defendant was unable to avoid the disturbance between approximately 30 minutes, such as, under the influence of alcohol, referring to the “D” operated by Seo-gu Northern-gu B and the victim C (n, 68 years of age). (b) under the influence of alcohol, it was difficult for the Defendant to avoid the disturbance of approximately 30 minutes, such as: (c) the year of weather or reporting; (d) the same year; and (e) the year in which the death in this weather year was discarded.

Accordingly, the defendant interfered with the victim's mother business by force.

On September 14, 2018, the Defendant: (a) 22:30 around 22:30 on September 14, 2018, the Defendant assaulted the Victim G (23) who was an employee working in the west-gu E and F convenience store in Nam-gu, Nam-gu, Nam-gu, Seoul, and the F convenience store, with no reason.

Summary of Evidence

“The following evidence out of the evidence of 2018 Highest 2573 of the judgment:

1. Written inquiry about criminal history, etc.;

1. Investigative report (report on accompanying of the suspect's same military records, etc.), and attached court rulings of 2018, 1594;

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs related to the case;

1. Investigative reports (Hearing statements of victims) 2018 Highest 2573;

1. Statement by the defendant in court;

1. Each self-statement of G and H;

1. Notification to a department related to reporting 112 cases;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of violence and the choice of fines) concerning the crime;

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39(1) of the same Act (as to the crimes in the 2018 ancient Order 1594, supra) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: Crimes of interference with business or of assault shall be committed on several occasions.