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(영문) 수원지방법원 안양지원 2016.08.12 2016고단699

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On March 12, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing business operations at the Incheon District Court, and completed the execution of the sentence on August 20, 2015.

[Criminal facts] On April 18, 2016, the Defendant demanded that the victim D, who manages the place in the Gu C cafeteria located in Ansan-si, around 00:10 on April 18, 2016, go back to the table. In so doing, the Defendant was under the influence of alcohol and went back to the table, and the Defendant “Is the son who knows inside the Gun,” and “Is the inside of the king.”

The Doctrine theory, such as “,” was expressed in a large sense, and it obstructed the victim’s restaurant business by force for approximately 40 minutes to customers who live in the Doctrine, such as raising trial expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, investigation report (the latest records of the suspect and confirmation of repeated crimes), and statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the sentencing guidelines] - The area where the punishment is mitigated for category 1 (Interference with Business) (one month or August), and the area where the punishment is mitigated for special mitigation (a special mitigation) - The amount of punishment is not imposed for the same type / the same repeated crime (a decision of sentence] which is disadvantageous: several times, and the same criminal records are committed for the same kind of crime during the period of repeated crime. - favorable circumstances: the defendant is recognized to commit a crime, and the victim does not want the punishment for the defendant. - Other circumstances: the victim suffers from yellow disorder, etc. - It seems that there is a problem of alcohol addiction.