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(영문) 인천지방법원 2020.05.28 2020고단2806
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 5, 2017, the Defendant of criminal records was sentenced to a suspended sentence of 8 months for a crime of attempted special attack at the Incheon District Court, and was sentenced to a suspended sentence of 2 months on September 18, 2018, and the suspended sentence was revoked, and the execution of the sentence was terminated at the Incheon Detention House on April 9, 2019.

2. On April 30, 2019, the Defendant was unable to avoid a disturbance under the influence of alcohol in restaurants, etc. operated by victims on a total of 10 occasions from the above date to March 20, 2020, as shown in the list of crimes, in the “D” operated by the victim C in Jung-gu Incheon, Jung-gu, Incheon, without any justifiable reason, for the victim’s desire to see the victim as “Chovah” while under the influence of alcohol, and for the sound, etc.

Accordingly, the defendant interfered with the work of victims by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement, and the 112 Reporting Case Handling table;

1. Investigation report (Analysis of video recording data in the department of the E family and CCTV);

1. The attachment of CCTV images to CDs;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the fact during the repeated period);

1. Article 314 (1) of the Criminal Act; Article 35 of the Criminal Act from among repeated offenders who choose to imprisonment with labor, Article 35 of the Criminal Act applicable to applicable criminal facts and the choice of punishment

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendations], the basic field of crime (the scope of recommendation field and recommendation range], and six months to one year and six months; and

(b) Second crimes (determination of types of interference with business) [Article 1] Interference with Business (Type 1] No person who interferes with business [the area of recommendation and the scope of recommendation] [the scope of recommendation] basic area, six months to one year and six months;

(c) Class 3 Crimes (Interference with Business) [Determination of Punishment] Interference with Business. Obstruction of Business (Type 1] shall be interference with.

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