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(영문) 인천지방법원 부천지원 2014.06.20 2014고단917

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 3, 2013, the Defendant was sentenced to 8 months of imprisonment with labor at the Incheon District Court for the crime of interference with business, etc., and completed the execution of the sentence in the net prison on October 9, 2013.

1. The Defendant, from around 18:00 on March 18, 2014 to 18:40 on the same day, was under the influence of the victim D (the age of 39) from 'Eart’ operated by the victim D (the age of 18:0 on the same day, so as to avoid entering the victim's marina business by force by making it impossible for customers to enter the victim, such as 'Eart’, which is operated by the victim D (the age of 39) in Bupyeong-gu, Seocheon-si, the boom, etc., with a large lusium, and displayed at the front of Maart, with a large lusium, and with a large lusium, the Defendant collected the victim from the victim, and displaying the b

2. On March 19, 2014, from around 17:00 to 17:30 on the same day, the Defendant obstructed the victim’s restaurant business by force, such as entering the “H restaurant” operated by the victim G (n, e.g., the 30 years of age) in the state of drinking drinking in the “H restaurant” operated by the victim G (n, the 30 years of age) of Bupyeong-si, Seocheon-gu, Seoul, and gathering a large amount of voice, gathering a voice, gathering a voice, and threatening the body of the string, and threatening the customers to display their letters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. Records before judgment: Application of inquiry reports on criminal records, etc., investigation reports (a written judgment and attachment of summary order) and other Acts and subordinate statutes;

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

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

1. From among concurrent offenders, it is inevitable to sentence sentence in that not only the defendant with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has a lot of records of being punished for the same kind of crime, but also the defendant has committed each of the crimes of this case during the period of repeated crime for the same kind

However, the trial process of this case, including the fact that the defendant is led to the confession and reflect of the crime, the victim D does not want the punishment of the defendant, etc., and the age, character and behavior, environment, and criminal record of the defendant.