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(영문) 부산지방법원 2018.05.16 2017고단6427

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 22, 2016, the Defendant was sentenced to imprisonment with labor and one year and six months at the Busan District Court on September 22, 2016, and completed the execution of the sentence on August 12, 2017.

[2] On December 10, 2017, the Defendant: (a) 17:30 on December 17, 2017, within the “E” operated by the Victim D (Woo, 54 years of age) located in Busan, Busan, and the Defendant, on the ground that he was under the influence of alcohol and was not suitable for the share of money; (b) expressed a bath to the customers who provide meals on other tables, “Ise fife fife knife knife knife knife knife knife”; and (c) obstructed the operation of the above restaurant by force for about 30 minutes, such as the shouldering of the main bottle in his possession on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect A repeated period) statute;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment against the crime, and the choice of imprisonment with prison labor;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] interference with business affairs of category 1 (Interference with Business) [one month to eight months] [the person subject to special mitigation] [including efforts to recover damage] / The fact that the decision of sentence is contrary to the same repeated crime [the decision of sentence], the fact that it is agreed with the victim, the fact that it is a repeated crime of the same kind, the fact that it is a repeated crime of the same kind, and the fact that it is a similar repeated crime, etc., shall be determined as ordered by the order.