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(영문) 전주지방법원 2019.05.09 2019고단29
업무방해
Text

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

Reasons

Punishment of the crime

On December 11, 2018, at around 18:05, the Defendant: (a) parked in front of the C convenience store located in Yansan-gu Seoul Metropolitan City, without any justifiable reason, in the state of drinking on the road in front of the C convenience store; (b) threatened the Defendant with the Defendant’s arms of the victim D, who was the head of the above convenience store, who was in control of the Defendant; (c) continued to drive the victim with the convenience store; and (d) went into the said convenience store in a state of drinking, cut off the air conditioning that was in the state of drinking; and (d) interfere with the Defendant’s duty of management of convenience points by force by force by putting the Defendant’s external speculation on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a investigative report (to attach the CDs ofCCTV videos and motion pictures to main pages thereof);

1. The relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Without any particular reason, there are 12 criminal records of violent crimes including two times of suspended execution, which threaten the victim without any particular reason, interfere with convenience store business, such as drinking water, 12 times of the crime of this case including the one who has been sentenced to a fine for the same kind of crime, and the fact that the person has committed the crime of this case again without being sentenced to a fine, and that the person has agreed with

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