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(영문) 부산지방법원 2017.02.08 2016고단4524
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On April 22, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for interference with business affairs at the Changwon District Court Branch Branch, etc. On March 24, 2015, the execution of the above sentence was terminated. On January 20, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of fire prevention of general goods at the Busan District Court, and the said judgment became final and conclusive on February 1, 2017.

[Criminal facts]

1. The Defendant committed the crime against the Victim C at around 16:20 on April 20, 2016, in the street preceding the operation of the Victim C, located in Busan Dong-gu, Busan, the Defendant shall be, under the influence of alcohol, discarded to the victim “flusia, knife, and knife.”

The death shall be dead.

“Along with the sound and happiness, the customer, who had been frightened, had frightened, interfered with the business of the victimized person’s ordinary business by force.

2. On April 20, 2016, the Defendant committed the crime against the Victim F, the Defendant, under the influence of alcohol in front of the Grash of the victim F’s operation of the Busan Dong-gu, Busan, the Defendant interfered with the victim’s ordinary business by force by forcing the customers who want to enter the above upper session by putting the driver’s seat on the floor, such as selling the flag in KRW 100,00,00,00, and destroying the spawn’s disease on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, H and F;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a copy of the investigation report (a) a copy of the judgment, a criminal investigation report (the confirmation report on the date of release of a suspect), and the application of one of the Acts and subordinate statutes applicable to each person

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

1. Selection of each sentence of imprisonment;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) not only can the past record of the same crime but also repeats the crime against the victims during the period of repeated crimes.

However, the defendant is guilty.

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