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(영문) 의정부지방법원 2016.07.21 2016고단1661

업무방해

Text

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

Reasons

Punishment of the crime

[criminal records] On March 28, 2014, the Defendant was sentenced to 8 months of imprisonment with labor and 500,000 won of fine due to interference with business affairs by the District Court, and on May 11, 2015, the Defendant was sentenced to 10 months of imprisonment with labor by obstructing the performance of official duties at the District Court, and completed the execution of the sentence on January 29, 2016.

On April 26, 2016, the Defendant: (a) around 2016, the 2016 Highest 1661 Defendant: (b) around 26, 2016, at EPC rooms managed by the victim D, who is an employee of Dongbcheon-si C2, expressed a bath to customers who had been under the influence of alcohol; (c) was under the influence of alcohol; and (d) was demanded by the victim to escape a disturbance; and (d) was demanded by the victim, the Defendant continued to go against the disturbance, such as stringing him/her; and (d) was demanded by him/her to cause harm to them.

Accordingly, the defendant interfered with the management of the victim's PC by force.

On May 16, 2016, the Defendant: “Around 07:40 on May 16, 2016, at the “H” restaurant operated by the Victim G in Gyeonggi-gun F, Gyeonggi-do, the Defendant expressed the victim and its customers “Ie feasia,” with a large sound for about 30 minutes, and obstructed the victim’s restaurant operation by avoiding disturbance for about 30 minutes.

Summary of Evidence

"2016 Highest 1661"

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation reports (on-site situations, etc.);

1. Investigation report (CCTV dynamic image analysis and investigation);

1. Do image closure photographs 2016 Highest 2336;

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. G statements;

1. The application of Acts and subordinate statutes on inquiry, such as a written inquiry about criminal history of "before judgment", reporting on the result of confirmation of the previous conviction of disposition, each of the judgment, and the acceptance status of individuals;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment with prison labor);

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

1. Although the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are against the defendant at the time of committing a crime, the defendant is identical or similar to the defendant.