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(영문) 서울동부지방법원 2017.09.22 2017고단1813

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On October 31, 2014, the Defendant was sentenced to a suspended sentence of 8 months for interference with business affairs at the Seoul Central District Court, and on January 15, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a crime of fraud, etc. in the support for the development of the Suwon Friwon, and the said suspended sentence was invalidated on January 17, 2017, and completed the execution of each of the above suspended sentence.

[2] On May 12, 2017, the Defendant: (a) from around 03:05 to around 03:25 of the same day, at “D restaurant” located on the second floor of the building located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) had an employee E and its customers sound without any particular reason while under the influence of alcohol; (c) had the victim’s Handphones on the floor; (d) had the victim’s handphones who tried to report on 112; and (e) had the victim’s handphones who tried to report on 112; and (e) continued to have the customer enter the restaurant for about 20 minutes.

The Defendant interfered with the victim’s restaurant business by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes to inquiries into foreign crimes and investigation records, investigation reports (referring to the previous decisions and reports attached thereto, such as the current status of confinement of individuals);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] interference with the affairs of category 1 (Interference with Business) [1-3 years and 6 months] of the aggravated area (a person with special aggravation] of the same type of repeated crime [a person with sentence] of the same type of repeated crime [a person with severe aggravation], and a person who committed a crime during the same kind of repeated crime

However, a punishment lower than the lower limit of the recommended punishment shall be sentenced in consideration of the fact that the defendant is still serving in the appellate trial after having been sentenced to two years of imprisonment for the same kind of crime committed by the defendant before and after the instant case, the fact that the defendant's confession is against the defendant, the age and environment of the defendant,