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(영문) 광주지방법원 목포지원 2014.10.10 2014고단1158
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Prior Offense Defendant was sentenced to 4 months of imprisonment with prison labor and 6 months of imprisonment with prison labor for the crime of interference with business in the wooden Branch of the Gwangju District Court on September 18, 2012, and completed the execution of the sentence in the Ganpo Prison on November 13, 2013.

【Criminal Facts】

1. On July 3, 2014, at around 17:30, the Defendant interfered with the business of the Defendant, under the influence of alcohol at the DNA set in the Damart in the Yannam-gun, the victim E (55 years of age) who is a business owner of the instant area. However, the Defendant took a bath at a large level, such as “I seeing that I would have been under the influence of alcohol” from the victim, and she took a bath at the front of the Kamter, and she was unable to enter the box for about 30 minutes, such as cutting down the arms before the Kamter and preventing other customers from calculating, thereby interfering with the victim’s marina business by force.

2. Around 18:41 on the same day as that of paragraph (1), the Defendant destroyed the damage by putting a handbling with a single unit of 10,000 won at the market price owned by the victim E, which was placed in a day-to-day display stand, without any reason, under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (the monetary report with the victim E);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power), and Acts and subordinate statutes on the status of accommodation of individuals;

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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

1. From among concurrent offenders, each of the instant crimes committed during the period of repeated crimes for which one year has passed after being released even though the Defendant had been sentenced one time to the crime of interference with business or damage to property due to the crime of interference with business or damage to property, including the criminal records, etc. as indicated in the judgment, and one time to suspended execution, and six times of fines, including the criminal records, etc., and the Defendant continues to commit each of the instant crimes during the period of repeated crimes before being released.

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