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(영문) 인천지방법원 2017.03.23 2017고단755
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On February 4, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Jeonju District Court’s Militarysan Branch, and completed the execution of the sentence on February 2, 2016.

[2] On January 26, 2017, the Defendant: (a) at the “E” restaurant operated by the victim D located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon on January 26, 2017; (b) at around 10:0, the Defendant: (c) had an employee under the influence of alcohol: (d) had an employee sound, “I am frien in anywhere where I am friencing; and (d) requested the victim and his employees to refrain from self-harm by the victim of tobacco; and (e) had the victim and his employees “I am fris, tobacco smoking fris. h. f. f. am f. f. f., f., f., f., f., f., f., f.,”

Neina

Here, whether it will be a food for funeral services.

Along to about 40 minutes, such as putting a bath, the customers who provided meals at the same place were able to go to the restaurant, and the customers who entered the said restaurant were able to return.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to a suspect's principal criminal record, etc.);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommended punishment] : The reason for sentencing under Article 35 of the Criminal Act for the category 1 (Interference with Business) (one month or eight months) (special mitigation) where the degree of power, deceptive scheme, or the degree of interference with business is insignificant; / The fact that circumstances favorable to the same repeated crime [decision of sentencing] are divided into crimes, that the degree of damage is not significant: The fact that there is no agreement, and that there is a number of identical criminal records;

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