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(영문) 서울남부지방법원 2018.11.22 2018고단3834
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On October 8, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at Anyang Prison on June 22, 2016.

[Criminal facts]

1. On July 1, 2018, the Defendant: (a) around 10:00, at the street store operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government, she saw the victim to drink one-way head, and fright, without any justifiable reason; (b) took the Defendant as a match without having the drinking value; (c) she saw the Defendant as a frighter, frighter, and frighter, and frightened the victim’s main shop business by having the victim fright at a bar operated by the victim C; and (d) she saw the Defendant as a frighter, frighter, and frighted the Defendant as a frighter; and (e) she frighted the victim’s main shop business by having the victim be forced by force by getting the victim unable to receive his/her customers.

2. The Defendant damaged property by avoiding disturbance at the time, at the places, as described in paragraph 1 above, and by harming the usefulness of the victim’s property, the Defendant was placed on the floor of three scams in the city of the U.S. and 20,000 won or more at the market.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. On-site photographs and damaged photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the confirmation of the same type of force and repeated crime);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The defendant agreed with the victim.

D. Unfavorable circumstances: The defendant is punished for crimes related to violence, and is in the period of repeated crime due to violence and assault.

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