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(영문) 인천지방법원 부천지원 2018.09.21 2018고단1870
업무방해등
Text

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

Reasons

Punishment of the crime

On August 18, 2017, the Defendant was sentenced to six months of imprisonment with labor due to interference with business in the Busan District Court’s Branch Branch, and completed the execution of the sentence in the Child Training Correctional Institution on February 13, 2018.

[2018 Height 1870] On July 18, 2018, the Defendant, from “D” operated by the victim C in Bupyeong-si, Bupyeong-si, B on July 18, 2018, based on the reason that he/she does not drink, lost his/her body and body body, and among customers, thrown away his/her sex condition.

I am going against the will of fire.

The body was "to tear and die," and the body was expressed in large sound, and acting as if they were loaded, thereby hindering the victim's smooth operation by the force of about 15 minutes.

[2018 Highest 2055] On July 18, 2018, the Defendant, at the main point of the trade name “D” operated by Bupyeong-si E building and the victim F in the first floor of the year, demanded the victim to provide alcohol. However, the Defendant, on the ground that the victim was not aware of the alcohol, assaulted the victim by taking the victim’s face one time by taking the hand hand on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the police statement related to G;

1. Each statement of F and H;

1. All on-site photographs;

1. Previous convictions: Inquiry about criminal history, investigation report (verification of the history of repeated crime), personal confinement status, and application of the text of the judgment;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 260 (1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor for the crime;

1. The scope of the final sentence according to the aggravated punishment, for which there are no basic areas (two months to October) of the type of assault crime (a general assault) (a general assault) of the basic area (a general assault) of the first type (a general assault) of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1 of the Reasons for Sentencing [the scope of recommending the business] of the aggravated area (a type (a type of interference with business) of the first type (a type) of the Act on the Aggravated Punishment of Concurrent Crimes (a number of years to six months) of the Act on the Aggravated Punishment of Concurrent Crimes:

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