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(영문) 수원지방법원 안산지원 2018.08.07 2018고단2102
업무방해
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in relation to the Support of Nanwon Methods and Nanwon, etc. on October 28, 2014, and the judgment became final and conclusive on January 27, 2015, and completed the execution of the sentence in the Gansung Vocational Training Correctional Institution on March 15, 2015.

In addition, on January 17, 2018, the defendant was sentenced to a summary order of two million won as a result of interference with business in the support of the Suwon Friwon, and on April 19, 2018, the defendant was sentenced to six months of imprisonment with prison labor for the same crime in the same court, and the judgment became final and conclusive on April 27, 2018.

【Criminal facts constituting the Defendant: (a) around December 11, 2017, the Defendant: (b) 19:00 on the day-to-day unit C, and the E-cafeteria operated by the victim D; (c) provided a bath to “nicking, shoting,” without any reason, in the remaining circumstances, after having returned home and having gone alone; and (d) provided customers in that place with a vision to leave the place.

Accordingly, the Defendant interfered with the victim's restaurant business for about 20 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, related photographs, investigation reports, and related video CDs;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, a report on investigation (Attachment to the text of the judgment, etc.), text of the judgment, etc., reporting on the previous conviction and the result of confirmation thereof, status of acceptance by individuals, and investigation reports

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

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

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That in light of the reasons for sentencing Article 39(1) of the Criminal Procedure Act and the criminal records of the defendant, the defendant's failure to refrain from drinking alcohol and thereby disregarding the law is strong.

In addition, the crime of this case was committed during the period of repeated crime.

Therefore, it is necessary to make strict punishment in order to prevent the same crime from being repeated.

Provided, That the degree of interference with business is significant;

I am.

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