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(영문) 서울북부지방법원 2016.01.29 2015고단3551
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment by larceny, etc. at the Seoul Northern District Court on February 21, 2013, and completed the execution of the sentence at the Daegu District Court on July 20, 2013. On August 14, 2014, the Defendant was sentenced to six months of imprisonment by special larceny, etc. at the Seoul Northern District Court on December 15, 2014 and completed the execution of the sentence at the Sungdong Detention District Court on December 15, 2014. On November 6, 2015, the Defendant was serving in the appellate court at the Seoul Northern District Court on July 20, 2015.

【Criminal facts-free, victim C (77 tax, female) is a restaurant proprietor.

피고인은 2015. 8. 17. 12:00 경부터 같은 날 21:00 경까지 서울 중랑구 D에 있는 피해자의 ‘E’ 식당에 술에 취한 상태로 찾아와 피해자에게 " 개 씨 발년, 썅 년, 보지를 찢어 버린다“ 라는 등의 욕을 하고 다른 손님을 쫓아 버리는 등 약 9시간 동안 위력으로 피해자의 식당 영업업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (to prepare records of statements by victims and telephone communications);

1. Previous convictions indicated in the judgment: (A) a written reply to inquiry, such as criminal history, a report on the results of previous convictions and written indictments, and the application of the written indictments (No. 34953, No. 34953, 2015, 45809, 2015, 4705, 2015, 4705, 2015

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] interference with the duties of Article 35 of the Criminal Act, and the scope of the sentence compared with the applicable sentences and the recommended sentences for the basic sphere (for June to June), from June to June, 1, and June (for June): the Defendant committed the instant crime during the period of repeated crime due to larceny, etc. as indicated in the judgment of the Defendant; the Defendant continuously imprisoned the victim who was deprived of her good faith; the victim was suffering from damage, such as the victim’s satisfying the bones of the Defendant’s satch.

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