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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1691
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On December 8, 2017, the Defendant was sentenced to ten months of imprisonment with labor for interference with business affairs at the Busan District Court, and completed the execution of the sentence at the Jinju prison on June 7, 2018.

[2] On August 6, 2018, the Defendant: (a) around 06:00 on August 6, 2018, at the event of “D convenience store” where the victim C in Busan-gun B works as an employee; (b) continuously sound under the influence of alcohol so that other customers may not use the event before the above convenience store and convenience store; and (c) the victim is only the Defendant.

The defective victim expressed that “I am this year, the same year, and Chewing,” “I am for about 40 minutes,” and interfered with the victim’s convenience store business operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification of the records of criminal suspect repeated crime), and current status of confinement of each sentence and individual;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] No person who does not have a basic area (referring to six months to one year and six months) (referring to a special sentencing factor) [decision of sentence] The defendant has been sentenced to a fine for interference with business several times, a suspended sentence of imprisonment or imprisonment with prison labor, and the most recent year, on August 9, 2017, the defendant was sentenced to imprisonment with prison labor on December 8, 2017 and interfered with business by neglecting the influence of alcohol in front of a restaurant on December 7, 2017, and completed the execution of the sentence on June 7, 2018, and completed the sentence and completed two months after the date on which the execution of the sentence was completed, thereby interfering with business by leaving the failure in front of a convenience store in drinking.

It is difficult to see it.

Although the Defendant agreed with the victim, he/she may choose imprisonment again in consideration of the above circumstances and make a strict punishment.

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