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(영문) 서울동부지방법원 2015.09.17 2015고단1947

업무방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Attachment] On July 11, 2014, the Defendant was sentenced to six months of imprisonment with labor for the crime of interference with business, etc. in the Gwangju District Court’s Netcheon Branch, and completed the execution of the sentence on December 11, 2014.

[Defendant’s event room] From around 12:30 on June 26, 2015 to around 13:30, the victim D’s “E” operated on the first floor of Seongdong-gu Seoul building C, Seongdong-gu, Seoul, under the influence of alcohol, and without any justifiable reason, the Defendant humped the victim’s disturbance, such as bitch, bitch, chrons, chrons, knife, knife, knife, knife, and knife in knife,” and interfered with the victim’s restaurant business by force for about one hour from May 3, 2015 to June 26, 2015, as indicated in the attached list of crimes, and thereby obstructing the victim’s business operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, K, L, D, and M;

1. On-site photographs, and a list of reported cases;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. A person subject to special aggravated punishment under Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommending punishment] interference with business: A person subject to aggravated punishment of category 1 (Interference with Business) has the record of identical or similar crimes even before the unfavorable circumstances of the same repeated crime [the decision of sentence]. In particular, the person repeatedly commits each of the crimes of this case within the repeated offense period after the execution of the sentence previously sentenced, and each of the crimes of this case shows that the victims, their operating establishments, employees of their operating establishments, and customers have caused considerable apprehensions and fears, and the method and frequency of the crimes.