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(영문) 춘천지방법원 원주지원 2017.09.08 2016고단815

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 8, 2014, the Defendant was sentenced to three months of imprisonment with prison labor and eight months of imprisonment with prison labor due to an injury in the original branch of the Chuncheon District Court. On July 29, 2015, the Defendant completed the execution of the sentence in the Chuncheon Prison.

[2] On July 8, 2016, from around 23:50 to around 00:05 of the following day, the Defendant: (a) at the main point of the trade name “C” operated by the injured party B, who is located in the Gu in Ansan-si, from around July 8, 2016 to around 00:05, the Defendant, on the ground that the injured party prevented the injured party from smoking without selling the share of the goods to the Defendant, and (b) made the injured party “C bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit x bit bit bit bits,” and (c) made the customers in the Gu to leave the place, such as having the bit bit bit bit her talk ws by talking “

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, reports on criminal investigation (verification of such criminal history, and period of repeated offense);

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;

1. Where the sentencing criteria [the scope of recommended punishment] [the range of recommending punishment] and the scope of interference with the duties of the mitigated area (one month to eight months) (special mitigation persons], the degree of threat of force, deceptive scheme, or the degree of interference with the duties are insignificant;

2. Determination of the sentence of punishment: The punishment shall be determined by comprehensively taking into account the following factors: (a) the fact that a repeated crime was committed during the period of repeated crime; (b) the victim was punished and the victim was seeking to endeavor to recover damage; and (c) the Defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.