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(영문) 광주지방법원순천지원 2020.11.12 2020고단1565
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 28, 2008, the Defendant was sentenced to 12 years of imprisonment for murder at the Jeju High Court in Gwangju High Court, and completed the execution of the sentence in the Ganpo Prison on December 3, 2019.

1. At around 21:00 on May 20, 2020, the Defendant interfered with the business operation of the victim E (Nam, 24 years old) due to the calculation of No. 1 in the DNA set operated by the victim C, the victim C, who was in the Jeonnam-gun B, and interfered with the victim’s business operation by force for about five minutes by avoiding disturbance, such as where he was in the caner, one disease, etc.

2. On May 20, 2020, the Defendant: (a) 21:15 on May 20, 2020; (b) intruded into the instant breabbbbbb, which was operated by the Victim F in the Dannam-gun B, with an intention to steals another’s property; (c) opened the kitchen; and (d) cut off with an open recruitment knife with a b5,00 won at the market price of the victim, who was in the breab, in the breab, using the creb, where there was no victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (with respect to attachment of stolen field-based video images) with respect to each written statement of F, E, and H, a report on internal investigation (as to the time interfering with business) (as to the attachment of CCTV video images);

1. Previous records of judgment: Criminal records, reply reports, judgment, application of Acts and subordinate statutes concerning confinement information inquiry;

1. Relevant Article 314 (1) of the Criminal Act and Article 330 of the Criminal Act (a point of interference with business and choice of imprisonment) concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (a decision on a type of larceny) (a) (a decision on a type of larceny at night) (a decision on a type of larceny) [No. 4] intrusion larceny [Special Convict] - mitigated elements: Where a person intrudes into any place other than indoor residential space, other than indoor residential space, no penalty shall be imposed [the recommended area and the scope of recommendations] special mitigation area, and April through June;

(b) Class 2 crime (Interference with Business) (Determination of type) interference with business.

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