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(영문) 대구지방법원 2019.01.25 2018고단5902
업무방해
Text

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

Reasons

Punishment of the crime

[criminal power] On November 16, 2017, the Defendant was sentenced to six months of imprisonment with labor at the Daegu District Court for the crime of interference with business and completed the execution of the sentence in the port prison on May 15, 2018.

【Criminal Facts】

At around 02:10 on November 23, 2018, the Defendant ordered drinking and drinking alcohol at “C” stations located in Busan City B, and demanded the victim D to increase service hours for two hours after drinking and singing. However, the Defendant refused to demand the service hours, and thereby interfered with the victim’s main business by force for about 40 minutes, such as harming himself/herself and avoiding disturbance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reporting internal investigation (self-harm, etc. of suspects);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the date of release);

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

1. Article 35 of the Criminal Act provides for the reason for sentencing of repeated crimes with the record of serving more than 20 times, and that the defendant commits the instant crime during the period of repeated crimes for the same kind of crime, to be sentenced to the sentence.

On the other hand, in consideration of the fact that the defendant reflects his mistake and agreed with the victim, it is decided as per the disposition.

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