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(영문) 부산지방법원 2016.10.20 2016고단1726
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 27, 2015, from around 22:25 to May 22:5, 2015, the Defendant: (a) she marddd the “Dcafeteria” located in Busan Jin-gu C from the “D restaurant to the other customer, which read as “one’s parent, well-being”; and (b) when the victim E, who is an employee, demanded the above victim to go, the Defendant scameded, thereby interfering with the above victim’s business.

2. On October 30, 2015, around 20:40 on October 30, 2015, the Defendant interfered with the business of the victim H’s H’s store management for about 20 minutes by passing a disturbance on a “Gma” store located in the Busan Northern-gu Busan Northern-gu, for drinking and bathing and drinking.

3. On December 13, 2015, at around 23:00, the Defendant obstructed the victim’s main store business by avoiding disturbance for about 30 minutes, such as cutting the microphones being used by other customers from “K” in the operation of the victim JJ located in Busan Northern-gu, Busan, and causing fighting.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E andJ;

1. Application of H’s written Acts and subordinate statutes;

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

1. Of concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] has no basic area (6 months to 1 year and 6 months) [the decision of sentencing] [the decision of sentencing] and there has already been three times of criminal punishment for the same crime, the crime of this case has been repeatedly committed in a set of two months.

It is difficult to find a color that reflects his mistake from the defendant.

In light of the fact that there is a history of criminal punishment more than 20 times due to various crimes (the defendant was subject to suspended sentence or fine more than 19 times among them), the defendant seems to have a high risk of re-offending because of lack of compliance awareness.

The Defendant’s age, age, and age.

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