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(영문) 대구지방법원 2018.04.10 2017고단6223
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

[2] On June 26, 2015, the Defendant was sentenced to a suspended sentence of three years for robbery as a result of robbery in the Changwon District Court Seoyang Branch, and on December 15, 2016, the Defendant was sentenced to a one-year imprisonment with prison labor for coercion, etc. in the same court on December 15, 2016, and the said sentence became final and conclusive on June 14, 2017, and the sentence of the said suspended sentence becomes void and is currently being executed in the Daegu Detention House. On May 10, 2017, the Defendant completed the execution of the sentence of the said forced indecent act, etc. in the Common Detention House.

(2) On October 22, 2017, the Defendant: (a) took a bath for the victim’s restaurant operated by the victim D (Inn, 57 years of age) located in the Nam-gu Seoul Metropolitan City from around 16:40 to around 17:20 of the same day; (b) the Defendant interfered with the victim’s restaurant business for about 30 minutes by force by forcing the victim to have one customer aboard the restaurant and preventing him/her from going to enter the restaurant.

On October 13, 2017, the Defendant: (a) around 22:40 on October 13, 2017, and (b) around 22:40 on October 13, 2017, at the victim G’s residence located in F, the Defendant: (c) caused the victim’s head at one time, and (d) caused the victim’s head at one time, and (e) caused the victim’s injury to the face that requires approximately two weeks of treatment.

Summary of Evidence

"2017 Highest 6223"

1. Statement by the defendant in court;

1. Statement made by the police with D "2017 Senior 6749 senior group";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written diagnosis of injury;

1. On-site photographs;

1. Previous convictions: References to inquiries, such as criminal history, replys to inquiries, previous convictions and application of Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of harm and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the assertion of mental and physical weakness under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the court is legitimate.

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