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(영문) 수원지방법원 안양지원 2016.08.12 2016고단484

업무방해

Text

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

Reasons

Punishment of the crime

[Criminal history of crime] On March 25, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of fraud and the crime of interference with business at the Suwon Friwon, and completed the execution of the sentence on May 16, 2015.

[2] From March 22, 2016, the Defendant: (a) from around 19:40 on March 22, 2016, at the D cafeteria operated by the victim C in the third floor of the building B in Gunposi, the Defendant obstructed the victim’s restaurant business by force by allowing customers who want to enter the restaurant by stopping a disturbance for about 30 minutes, such as “cocks, openings, and years,” going to the center of the automatic entrance door to which people gain access; and (b) preventing them from entering the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Spatial photographs of interference with business affairs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (crimes during the period of repeated crimes of suspects);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Determination of sentence] - Unfavorable circumstances: there are many criminal records for the same kind of crime during the period of repeated crimes; circumstances favorable to the same type of crime during the period of repeated crimes; Considering the criminal defendant's recognition of the crime and the prosecutor's old punishment