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(영문) 수원지방법원 2016.08.10 2016고단3181
업무방해
Text

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

Reasons

Punishment of the crime

[criminal records] On October 2, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and a violation of duties by obstructing the execution of the sentence on May 28, 2016.

【Criminal Facts】

1. On June 7, 2016, the Defendant: (a) obstructed the mobile phone store service of the Defendant: (b) at the cell phone store of E mutually operated by the victim D with the right line C in Suwon-si, Suwon-si, Suwon-si; (c) without any justifiable reason, the Defendant is close to the Defendant’s cell phone store by drinking alcohol.

The victim's mobile phone sales business was obstructed for about 30 minutes by force, such as continuing to engage in a serious bath, which is called Sick, Sick, Sick, etc.

2. On June 7, 2016, the Defendant interfered with restaurant business: (a) around 15:00, at a restaurant operated by the victim G in Suwon-si F; (b) without any justifiable reason, the Defendant took a bath to the said restaurant employees, “spaws, spaws,” and, without any reason, interfered with the victim’s restaurant business for about 30 minutes by force, such as spaws down water spaws on the part of the restaurant; and (c) spaws down water spaws on the part of the container.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to D or H;

1. An investigation report (verification, such as the name of an employee H cafeteria operator);

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, current status of personal confinement, and Acts and subordinate statutes to report criminal investigations (Attachment to cases being repeated);

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

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommending punishment / [the scope of business interference], and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (1-8 months), where the degree of power and deceptive scheme, or the degree of interference with business is insignificant, and Article 2 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommending punishment / The scope of business interference) is limited.

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