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(영문) 서울서부지방법원 2017.05.31 2017고단935
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to three years of imprisonment for an injury, etc. at the Seoul Western District Court on July 3, 2014, and completed the execution of the sentence in the original prison on February 10, 2017.

Around 19:00 on April 2, 2017, the Defendant, at the “E cafeteria” operated by the Victim D located in Mapo-gu Seoul Metropolitan Government, sent a disturbance to the customers by making drinking and drinking alcohol and drinking alcohol, and, if the Defendant calculated it to the victim who demanded the calculation, then opened it to a large voice, and opened it to the victim.

Accordingly, the Defendant interfered with the victim's restaurant business for about 10 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. On-site photographs;

1. Previous convictions: Inquiry into criminal history, confirmation of the date of release from the military court and application of Acts and subordinate statutes concerning criminal records;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that not only seven times of punishment, including the seven times of punishment due to fraud, obstruction of duties, etc. caused by the malvement of the reason for sentencing under Article 35 of the Criminal Act, but also the crime of this case committed again during the period of the same repeated crime, the punishment of such crime is unlimited. However, in light of the fact that the defendant reflects his mistake, the degree of damage is not relatively heavy, and other sentencing conditions indicated in the record, such as the defendant's age, sexual behavior, environment, etc., the punishment shall be determined as per the order.

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