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(영문) 수원지방법원 여주지원 2015.01.12 2014고단576

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny in Seoul Southern District Court, and completed the execution of the said sentence in the Gesung Vocational Training Correctional Institution on April 28, 2014.

On July 27, 2014, from around 10:0 to 14:25, the Defendant took a bath on the ground that the Defendant’s attitude of F, an employee of the above convenience store, was severed from the “E” of the victim D’s operation in Gyeonggi-si, and obstructed the victim’s convenience store operation by force by having the victim take a disturbance, such as putting the victim’s standing up up up to the part of the part of the Defendant’s seat, and placing the victim’s door on the floor, leaving the victim out, and allowing the customer take out, thereby obstructing the victim’s convenience store operation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (the confirmation report of the period of repeated offense, and attachment report of judgment);

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

1. Article 35 of the Criminal Act provides that a repeated crime does not inflict any damage due to the reason for sentencing, and the fact that the defendant led to the confession and reflects on the crime is favorable to the defendant.

However, in light of the fact that the defendant, who is up to a number of times, committed the crime of this case by violence again during the period of repeated crime, a sentence of punishment corresponding thereto is required.

The sentencing grounds prescribed in Article 51 of the Criminal Act shall be determined as per the Disposition.