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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단2405

업무방해

Text

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

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of business, etc. in the high aid, and the execution of the sentence was terminated in the medical prison on March 15, 2016.

Criminal facts

The Defendant: (a) from around 07:30 on August 2, 2016 to around 08:15 on the same day, at the main point of “E” operated by the victim D in Pakistan; (b) without any reason, under the influence of alcohol, the Defendant: (c) took a bath to the victim, “F, who is a customer of the main point, “I am humbling, humbing, humbing, humbing, humbing, humbing, humbing, humbing, humbing, humbing the victim’s face; and (d) took a cell phone, and (e) took part in the victim’s cell phone, the Defendant humblinged the victim and F with the victim’s face outside of the main point, thereby threatening the victim to drive his bar business by force, such as “huming the victim’s desire to humbing it.”

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D;

1. Current status of confinement by individual, summary order, and application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning criminal facts;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Sentencing (Scope of Recommendation) and category 1 (Interference with Business) and the aggravated area (1 to 3 years and six months) (1 to 6 months) of the same repeated crime:

2. 8 months of imprisonment with prison labor for a decision of sentence (the punishment shall be determined in consideration of the fact that the criminal records of the defendant, the criminal records of the defendant, and the criminal records of the crime of this case are against a high victim who has no awareness of being innocent, and that the criminal records of the defendant's health