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(영문) 인천지방법원 2017.12.20 2017고단4597
업무방해
Text

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

Reasons

Punishment of the crime

On May 11, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to interference with business affairs, etc. in the support of Suwon Friwon, and completed the execution of the sentence on December 4, 2016.

On May 15, 2017, the Defendant: (a) around 13:00 on May 15, 2017, at “cafeteria” in the operation of the victim D in Nam-gu Incheon Metropolitan City, the Defendant: (b) took alcohol to the floor; (c) taken alcohol while drinking alcohol in the air conditioners; (d) taken the victim’s love; and (e) was seated back to the victim; and (e) took the victim’s self-control; and (e) demanded the victim to wear a walk for about one hour.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

On August 7, 2017, the Defendant: (a) around 19:40 on August 7, 2017, the Defendant: (b) 19:40 on August 7, 2017: (c) around 10 minutes around 10 minutes around 10 minutes around 10 minutes around 10 minutes around 19:40 on food and drink E, and on the part of the victim F.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

"2017 Highest 4597"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (for witnesses), "2017 Highest 7096";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Account sheets, related photographs, and video editing photographs "before the judgment";

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes, such as each investigation report (attached to criminal suspects, repeated crimes, copies of written judgments, etc.), and text of judgment;

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

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

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed by a crime of interference with business on May 15, 2017 with heavy punishment),

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

(a)Offences 1 and 2 (Interference with Determinations) (types) interference with operations; Category 1 (Interference with Business);

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