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(영문) 수원지방법원 안산지원 2018.07.19 2018고단1560
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On September 13, 2017, the Defendant was sentenced to six months of imprisonment with prison labor by the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on January 14, 2018.

[2] The Defendant: (a) from around 01:00 on April 23, 2018 to around 01:30 on the same day, from “E operated by the victim D on the second floor of the C Building in light of light life to around 01:30 on April 23, 2018; and (b) without any reason, to F who is the next customer, the Defendant “nick tin.”

D. The Defendant 1 expressed a bit of bit of bitbit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Previous convictions: Results of inquiry about criminal history, report on investigation (report on confirmation of period of repeated crime, etc.), status of personal confinement, application of the relevant written judgment and a copy of the relevant statutes;

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 recommendation] interference with business affairs of category 1 (Interference with Business) [1-8 months] [the person who has been specially mitigated] [including efforts to recover damage] / The defendant again committed the crime of this case even though he had the record of having been punished several times for the same kind of crime, etc., and the crime of this case was committed within a short period after release. In light of the fact that the crime of this case was committed within the short period after release, a strict punishment is needed.

However, in consideration of the favorable circumstances, such as the fact that the defendant's mistake is against the defendant, and the victim has not been punished for the defendant, the punishment shall be determined as per the order.

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