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(영문) 부산지방법원 2016.05.18 2016고단386
업무방해
Text

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

Reasons

Punishment of the crime

On August 7, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Busan District Court and completed the execution of the sentence on December 3, 2014.

The Defendant, from around 01:20 on November 22, 2015 to around 01:40, the Defendant, on the ground that the Victim E (n, 58 years of age), the owner of the D amusement shop located in Busan East-gu, Busan, had paid the drinking value to himself/herself, and the Victim E (n, e.g., the owner of the D amusement shop in Busan-gu, would be the victim’s “Woo-ri and e.g., the e., the e., the e.s.

“Busheshes a bath, and continuously threatens the victim as if he/she were in the floor of his/her hand, and she saw 20 minutes of the door, such as walking the door in several times.

Accordingly, the suspect interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the area of mitigation [1 month to August] (a person who has been specially mitigated] [decision of sentence] is not subject to punishment; (b) the defendant is allowed to have a criminal of violence and commit the instant crime during the period of repeated crime; (c) the number of offenses is very bad and high to the risk of recidivism; and (d) the sentence is imposed as ordered in consideration of the following: Provided, That the defendant is against the defendant and the victim does not want the punishment of the defendant; and (e) the defendant's age, sex, sex, environment, means and method to commit the crime; and (e) other conditions of sentencing, such as the circumstances after the crime, shall be determined as ordered in consideration of the order.

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