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(영문) 의정부지방법원 2018.03.27 2017고단5729
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 26, 2017, the Defendant was sentenced to four months of imprisonment for a crime such as obstruction of business, etc. at the District Court, and completed the execution of the above punishment on December 13, 2017.

On December 18, 2017, around 08:00, the Defendant entered a “E” restaurant operated by the victim D (V, 57 years of age) located in Speaker-si, and ordered the patrol party and the subject of the suit.

The defendant shall calculate the defendant from the damaged person and summary him/her.

“I see the word “, without any particular reason, lay the boom flag on the floor of the booming Party on the floor of the booming Party, and throw off the customers who were in the restaurant, and throw away “I rings, with the booming Party.”

“Along with the desire of the victim, the victim interfered with the business concerning the operation of the restaurant by force by avoiding disturbance, such as leaving the bed of the bed of the bed of the bed of the bed while putting the bed of the bed.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Four copies of the on-site photographs;

1. Receipts:

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes to refer to inquiries, such as criminal history, reports on criminal investigations (Attachment to previous convictions, etc. of interference with business affairs), one copy of personal confinement status, previous convictions and 15 cases;

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. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Class 1 (Interference with Business) (Special Sentencing) mitigated element on the basis of the sentencing guidelines: Reduction area of the same repeated crime [Determination of the sphere of recommendation] mitigated area (decision of the recommended area] mitigated area of the same repeated crime (decision of the recommended area), one month to eight months.

3. The defendant, on behalf of the defendant, appears to have a position to recognize and reflect his/her mistake.

The injured person does not want the punishment by putting the defendant on his / her letter.

However, even though the defendant has a history of criminal punishment for the same crime, the defendant also commits the crime of this case against many unspecified and multiple victims during the period of the same repeated crime in the judgment.

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