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(영문) 서울북부지방법원 2019.10.24 2019고단3239
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

[Criminal Power] On March 22, 2019, the Defendant was sentenced to six months of imprisonment for the crime of interference with business at the Seoul Eastern District Court on March 22, 2019 and completed the execution of the sentence at the Seoul East Eastern Detention Center on July 17, 2019.

【Criminal Facts】

On July 29, 2019, the Defendant: (a) around 15:00 on July 15, 2019, in the frequency of “E” collected by the victim C and the victim D in Dongdaemun-gu Seoul Metropolitan Government; (b) spiting alcohol on the Gap-self-based floor; (c) spiting it against the victims who control it; and (d) spiting it on the table of other customers; and (d) intending to take it out, thereby obstructing the victim’s restaurant business by force for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A report on investigation;

1. Investigation report (fields, etc.), - On-site photographs;

1. -Taking photographs of police officers;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

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

1. The Defendant, with reason for sentencing Article 35 of the Criminal Act among repeated offenders, committed a second offense on July 29, 2019 on the day when the execution of detention in a workhouse was completed and the release was completed.

The same crime was punished several times, and since 2012, he was sentenced to imprisonment each year, and did not make efforts to return to society.

It should be strictly responsible for the defendant's mistake; however, the defendant's health status is not good; the defendant's attitude is not good; the defendant's career and technology has been working as a Chinese food cooking company for a long time; if the principal's will exists, it is judged that it is possible to return to society; the defendant's personality and behavior, environment, family relationship, motive and circumstance of crime, etc. shall be determined as ordered by taking into account all the factors of sentencing.

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