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(영문) 인천지방법원 2017.05.25 2017고단1636

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

(1) On April 11, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to the obstruction of business, etc. in the Goyang Branch of the Jung-gu District Court on April 11, 2016, and completed the execution of the sentence in the Jung-gu District Court on October 30, 2016.

[Criminal facts]

1. Around March 6, 2017, the Defendant: (a) under the influence of “E” points operated by the victim D (V, 44 years of age) located in Bupyeong-gu Incheon, Bupyeong-gu; (b) expressed an desire to “a pair year, chewing year,” in the presence of the victim, his/her employees, F, G, and customers whose name cannot be known; and (c) f., f., f. and f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., c. d., d., d., d., d., f., f., f., c.

2. The Defendant stolen, at the time and place set forth in paragraph 1, the victim D with a view to reporting the Defendant’s act as described in paragraph 1 to the police at the time and place, by carrying 4 breabs equivalent to the sum of 3,200 won in the market price owned by the victim and inserting 3,200 won in the breabs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of damaged articles;

1. Efaging off on-site CCTV photographs;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes shall interfere with the business (influence of business affairs) of the first crime (influence of business affairs).