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(영문) 인천지방법원 2016.05.26 2016고단1877
업무방해
Text

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

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to eight months of imprisonment with prison labor by the Incheon District Court on April 15, 2015, and such judgment is the same year.

4. The execution of the sentence was finalized on October 20 of the same year.

[2] On January 19, 2016, at the D convenience store located in Bupyeong-gu, Incheon Metropolitan City, Bupyeong-gu, and 1, the Defendant: (a) stated that the above convenience store employees of the above convenience store cannot drink alcoholic beverages within this convenience store; (b) stated that the Defendant could not drink alcoholic beverages within this convenience store; and (c) stated that the Defendant would stop the Defendant, the Defendant provided the victim’s bath that “the Defendant would drink me,” and interfere with the victim’s convenience store business by force for about 50 minutes, such as cutting down a simplified table with drinking and cutting down the bottles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. On-site forest photographs, CCTV images, and closure photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the date of release, confirmation of the date of release and copies of the judgment);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The aggravated area (one year to three years) (one year to six months) of the aggravated area (any special aggravated person) shall interfere with the duties of applying the sentencing criteria [the scope of the recommended punishment] and the repeated offense of the same kind;

2. In full view of the following circumstances: (a) the Defendant, who was sentenced to the sentence, committed again the instant crime even during the period of repeated offense; (b) the Defendant did not reach an agreement with the victim; (c) the Defendant’s age, sexual conduct; (d) the background and motive leading to the instant crime; (e) the degree of interference with duties; and (e) the circumstances before and after the instant crime; and (e) the sentencing conditions specified in the records and arguments, the sentencing guidelines shall be mitigated from the sentencing guidelines; and (e) the sentence

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