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(영문) 의정부지방법원 2015.12.21 2015고단3566

업무방해

Text

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

Reasons

Punishment of the crime

[criminal power] On October 15, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended sentence for the crime of interference with business, etc. by the District Court, and on October 14, 2014, the suspended sentence was revoked, and the execution of the sentence was terminated in the medical prison on January 16, 2015.

【Criminal Facts】

On September 15, 2015, the Defendant: (a) around 22:22 on September 15, 2015, the victim D (the age of 25) working for the Government City C; (b) took a bath in front of the Ecafeteria, without any justifiable reason while drinking alcohol; (c) took the victim’s call for returning home from the victim; and (d) took the victim’s call for the victim’s bath, and (e) took the victim’s call, and (e) took the victim’s call for the victim’s call, and (e) took a disturbance for about 1 hour, such as the carping of the table chair.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each statement of D and F;

1. The investigation report (12 pages of the investigation record), the investigation report (the re-examination of victims' counter-victims);

1. On-site photographs;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (such as the same kind of power), prisoners search results, application of Acts and subordinate statutes (Korean Government District Court Decision 2013No2524);

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] Article 35 of the Criminal Act [the scope of recommending punishment] interference with the business, and in May of imprisonment with prison labor for the same repeated crime [the decision of sentencing] (one to three years and six months], the defendant has a majority of the records of criminal punishment for various criminal acts due to drinking even before the case. Furthermore, as stated in the judgment of the court below, the defendant was detained by the crime of interference with business, etc. committed on February 2, 2015, and was charged with the punishment of a fine of six million won, and was released after being released from the prison.

Nevertheless, the defendant still has a repeated crime during the period.