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(영문) 광주지방법원 2019.09.20 2019고단2720

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 1, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two months of imprisonment with prison labor at the Gwangju District Court for the crime of interference with business, etc., and completed the execution of the above punishment on February 18, 2019.

【Criminal Facts】

On July 17, 2019, at around 04:20, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance between about 20 minutes, such as drinking and eating, drinking, drinking, drinking, and drinking, drinking, and drinking, which read “satising down,” and “satising down.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Written statements of D;

1. Sled fish sled photographs;

1. Previous convictions in judgment: References to criminal records and the application of Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Since it is inevitable to punish a repeated offender in light of the fact that he/she has been punished several times for the same kind of crime as the sentencing of Article 35 of the Criminal Act, and that he/she also commits the crime of this case during the period of repeated crime, he/she shall be sentenced to a severe punishment.

The sentence shall be determined as the disposition by taking into account the favorable circumstances such as the fact that the victim does not want the punishment of the defendant and the fact that the crime is recognized by the agreement with the victim, taking into account the age, character and conduct, family environment of the defendant, motive and circumstance of the crime, etc.