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(영문) 대구지방법원 2016.07.14 2016고단2371
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On August 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at the Daegu District Court on February 9, 2016 and completed the execution of the sentence at the Port Prison.

[2] On May 28, 2016, the Defendant: (a) around 12:00, the victim D in Daegu Northern-gu, Daegu Northern-gu, sent the kitchen knife (29cm in length) to a newspaper; (b) provided the kitchen knife in the table; and (c) provided the kitchen knife in the table; and (d) provided the customers, who flife the kitchen knife, knife, and knife, knife, knife in the table at the newspaper.

After that, the Defendant: (a) sealed the kitchen with the kitchen, which is a dangerous object with the tables and the upper rank; (b) obstructed the victim’s restaurant business by force between about 20 minutes, such as cutting the tables over, and destroying the kitchen with the kitchen, which is a dangerous object, at least 4-50,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Each photograph;

1. Investigation report (the amount of damage and telephone communications of a victim, such as a criminal doctor);

1. Previous convictions in judgment: Inquiry about criminal history, summary information of case, personal identification and acceptance status, and application of each statute of judgment;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 369(1) and 366 of the Criminal Act (the point of destruction of special property), and the choice of imprisonment with prison labor, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The basic area (eight months to one year) of the sentencing criteria for the first type of crime (Interference with the duties) [the scope of recommendation] of the aggravated area (one year to three years and six months) [the specially aggravated person] of the same type of repeated crime (the scope of recommendation] of the second type of crime (damage)] of the same type of repeated, repeated crime, special damage (Habitual, repeated crime, special damage, etc.) of the basic area (eight months to one year and six months) of the same type of crime (the person subject to special sentencing) of which there is no multiple aggravated punishment: one year to four months:

2. Determination of sentence;

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