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(영문) 서울남부지방법원 2019.01.31 2018고단6438
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On March 10, 2016, the Defendant was sentenced to four months of imprisonment for the crime of interference with business and insult at the Seoul Southern District Court, and completed the execution of sentence on May 18, 2016 at the Seoul Southern District Court. On October 19, 2016, the Seoul Western District Court sentenced the Defendant to one year of imprisonment for the crime of obstruction of performance of official business and of bodily injury, and completed the execution of sentence at the Seoul Western District Court on November 25, 2017.

【Criminal Facts】

On November 28, 2018, between 18:30 on the same day and 18:50 on the same day, the Defendant demanded that the restaurant in the second floor of the Guro-gu Seoul building B, ‘C Saconna', which is located on the second floor of the building B in Guro-gu Seoul, additionally changed to D (76 years of age) who is its employee, but, upon hearing the word, “weeded to be boomed with the formation of the foundation, and 20 minutes of age.................., the Defendant spacing the foundation of the foundation of the foundation, and boomed the Defendant, and f1 years of age............, the Defendant 2, as the victim, 3, a manager, by exerting a large influence, spacing the quality of the Defendant, and 5 years of age.’

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A report on investigation (a CCTV analysis at the scene of occurrence);

1. Investigation report (person for reference D telephone communications);

1. Previouss: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to cases similar to suspects' decisions, etc.);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The sentencing criteria [the range of recommendations] the category 1 (Interference with Business) and the basic area (6 months to 6 months) (special mitigation) (special mitigation) shall be recovered from damage caused by a violation of punishment.

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