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(영문) 광주지방법원 순천지원 2013.12.11 2013고단2016

업무방해등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On October 12, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business, etc. from the Gwangju District Court’s Macheon Branch on June 2, 201, and was sentenced to ten months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the same court on November 24, 201, and the said judgment became final and conclusive on February 15, 2012, and completed the execution of each of the said punishment in the Sejong Prison on December 10, 2012.

Criminal facts

1. At around 10:50 on September 28, 2013, the Defendant assaulted the victim by putting the ice cream, which was cited in his hand on the ground that the victim H (n, 21 years old), a part-time student of the place, did not go to the ice cream, at the D convenience store located in Shyman C, on the ground that he did not go to the ice cream, and she did not go to the victim’s face.

2. From around 10:38 on September 28, 2013 to 10:53 on the same day, the Defendant interfered with the business of the victim’s convenience store operated by the victim F, the place indicated in the foregoing paragraph (1), by assaulting the victim F, h, and taking a bath to avoid entering the said convenience store, thereby obstructing the victim’s convenience store business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of convicts, and copies of written judgments), application of certified copies of written judgments, and other statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. From among concurrent crimes, circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: The degree of assault is minor, the victim F is the preferred wife of the defendant: The record of punishment for violent crimes reaches 12 times, and the same crime is committed during the period of repeated crimes.