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(영문) 수원지방법원 성남지원 2019.07.17 2019고단1060
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business at the Sungwon District Court's Sungnam Branch on October 3, 2016, and completed the execution of the sentence at the Suwon Detention Center. On July 7, 2017, the Gwangju District Court sentenced ten months of imprisonment with prison labor for the crime of interference with business, and on October 26, 2017, the Gwangju District Court sentenced four months of imprisonment with prison labor for the crime of non-compliance with eviction, etc., and completed the execution of the sentence at the Suwon Prison on July 27, 2018.

【Criminal Facts】

A. On May 4, 2019, from around 14:50 to 15:05, the Defendant interfered with the business, at the D convenience store operated by the victim C, which was operated by the victim C from around 14:50 to around 15:05, the Defendant: (a) b, under the influence of alcohol, fluencing the boom; (b) fluencing the fluencing of the chill; and (c) fluencing the flucing of the crush; and (d) fluencing of the victim’

B. At around 17:30 on May 6, 2019, the Defendant threatened the victim, i.e., the victim F (the 51-year-old age), who is the victim F (the 51-year-old age-) of the Hanam City, with the words “I will not be able to take part in the future,” see the meaning of “I will well knife,” and “I will knife the knife,” and “I will knife the knife with the knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. Reports on internal investigation and investigation reports;

1. Recording notes;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (verification as to the period of repeated crime) and personal confinement status;

1. Relevant Article 314 (1) of the Criminal Act (a point of interference with business), Article 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime (Interference with Business) (Determination of type) interference with business;

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