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(영문) 수원지방법원 2019.10.31 2018고단4180

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 19, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. by the Suwon District Court, and on March 1, 2018, the Defendant completed the execution of the sentence in the Ansan Prison.

【Criminal Facts】

On May 2, 2018, from around 00:30 to around 01:18 of the same day, the Defendant: (a) performed drinking as a customer by the victim C (V, 51 years of age) located in Suwon-si B from May 2, 2018 to around 01:18; (b) took a bath to the female as the said customer, such as a woman who was under the influence of drinking as the said business; (c) and (d) took a bath to the victim, the victim took the bath to the horse, the victim, and (d) took the bath to the victim, and (d) took the part of the victim’s left part at one time, and (e) took part in the victim’s desire to take part in the business, and (e) took part in the victim’s voice, sound, etc.

Accordingly, the defendant interfered with the business of the victim's restaurant, and assaulted the victim.

Summary of Evidence

1. Each written statement of C;

1. Investigation report (to analyze CCTV images - including photographic records, etc. attached thereto);

1. Records of the site and photographs of damaged parts;

1. Previous convictions indicated in the judgment: A criminal investigation report (including confirmation of the same kind of records - the current status of personal confinement attached to the same type of records); and

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are that the defendant committed each of the crimes of this case during the repeated crime period due to the same kind of crime, that the defendant was absent on the trial date even after having received a direct summons notice, and that the decision is rendered as ordered by taking into account the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, and environment.