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(영문) 수원지방법원 2018.10.24 2018고단2503

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on April 20, 2017 for attempted fraud at the Suwon Friwon, etc., and the same year during the grace period.

8. 18. The above court was sentenced to six months of imprisonment for a crime of fraud, etc. and the judgment became final and conclusive on November 2, 201 of the same year, and the execution of each of the above punishment was terminated in Ansan prison on April 24, 2018. On January 27, 2016, the above court received a summary order of a fine of two million won as a result of obstruction of business affairs and had a record of criminal punishment for nine times of violent crimes.

[Criminal facts] On April 28, 2018, the Defendant entered a “E” restaurant operated by the victim D in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and was located there.

The purpose of this article is to prevent customers, such as F, from entering the restaurant by avoiding a disturbance for about 20 minutes, including 20 minutes, by stating that “I am, I am, I am, I am, I am, I am, I am, I am.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. 112 Notification to a department related to the report of the case;

1. A report on investigation (a wooden G statement);

1. Previous conviction: Application of an inquiry letter, investigation report (verification of repeated records, etc.) and Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the applicable sentence] 10 years or less of imprisonment [the sentence] was determined in full view of the sentencing conditions shown in the trial process of the instant case, including the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

The favorable circumstances shows the attitude of recognizing and reflecting the wrongness.

Unfavorable circumstances: In addition to the records of punishment twice for the same crime, several crimes such as fraud, theft, etc. are committed.