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(영문) 대전지방법원 홍성지원 2019.05.28 2018고단837

업무방해

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal power] On July 26, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and three months of imprisonment with prison labor for the crime of interference with business, etc. in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence in the Net Prison on July 2, 2018.

【Criminal Facts】

On August 10, 2018, from around 11:30 to 16:45, the Defendant interfered with the packaging horse business of the victim by having the customers leave the packages, such as drinking and eating, drinking, drinking, and walking, walking, etc., from the outer package shielded by the victim D (the age of 55) in front of the Chungcheong budget group C, without any justifiable reason, at the temporary package set run by the victim D (the age of 5).

Summary of Evidence

1. Legal statement of witness D;

1. Reports on internal investigation, investigation reports, and output of e-mail;

1. 112Notification to the reporting-related department; and

1. Previous records of judgment: Criminal history records, personal confinement records, six copies of judgment, and application of Acts and subordinate statutes of two copies of summary order;

1. Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314(1) of the selective sentencing of imprisonment with labor are relatively minor and thus, damage caused by the instant crime is not deemed to be relatively significant. The victim does not want punishment against the Defendant, and the Defendant is treated with the proof of alcohol existence.

However, from the 20th century to the date of the crime of interference with business as well as the crime of violation of the Punishment of Violence, etc. Act, assault, bodily injury, and damage to property, etc., the Defendant has already been punished several times, including imprisonment. In particular, the Defendant committed the crime of causing property damage on three days after the Defendant was released even during the same repeated period as indicated in the judgment, even though he was released during the same repeated period (the request for a summary order on September 21, 2018 and the request for a formal trial is pending in this court), and again committed the crime in this case only once in one month.