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(영문) 광주지방법원 목포지원 2016.03.25 2016고단34

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 14, 2013, the Defendant was sentenced to imprisonment with prison labor for rape, etc. in the wooden Branch of the Gwangju District Court on November 14, 2013, and completed the execution of the sentence on March 16, 2015.

[2] The Defendant ordered food from January 7, 2016 to February 22:30 of the same day to “E” where the victim D, who was in Fabling C from January 7, 2016 to 20:30 of the same day, worked as an employee. However, the Defendant ordered food from the damaged person who did not receive the cost of food to make food prior to this time, and thus, cannot provide food prior to this time until it is calculated in advance.

“Along with the refusal of the foregoing, the victim interfered with the victim’s restaurant business by force, such as: (a) taking the victim’s disturbance, such as taking the victim’s bath on the large interest of “this Chewing year, h. of the same year”; and (b) having two to three customers in the restaurant, and having them go to the restaurant.”

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against D;

1. Investigation report (the reporting F phone call);

1. Previous convictions in judgment: (A) a statement of inquiry about criminal history, report on investigation (verification of repeated records), text of judgment, and application of Acts and subordinate statutes to the status of personal identification and acceptance;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the type of determination] interference with the business affairs of Article 35 of the Aggravation Offense Act [the scope of recommendation] basic area / [the scope of recommendation] / 6 months to 1 year and 6 months [the general sentencing person] - Aggravation : A repeated crime (determination of sentence] shows the attitude of the defendant to confession and reflect the crime of this case, and due to the crime of this case, the victim or the owner of the restaurant where he works for his woman has suffered enormous business losses.

in favor of others, such as the fact that it cannot be seen, shall be considered in favor of others.

On the other hand, although the defendant was committing a crime of this kind, he was charged with the same kind of crime committed against the neighboring small-scale merchants of his residence during the period of repeated crime, and he did not know even though he was currently under trial.