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(영문) 대구지방법원 포항지원 2016.05.26 2016고단311
업무방해
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On April 23, 2015, the Defendant was sentenced to four months of imprisonment with prison labor and eight months of imprisonment with prison labor in the Daegu District Court Branch Branch of the District Court, and completed the execution of the sentence on November 8, 2015.

[2] On January 3, 2016, from around 10:00 to 11:00 of the same day, the Defendant stated that the Defendant: (a) from around 10:00 on January 3, 2016 to around 11:00 of the same day, the Defendant: (b) stated that the Defendant provided meals at a restaurant operated by the victim D, which is operated by the victim D, south-gu, Nam-gu; and (c) stated that “the period during which the Defendant would be Chewing, she would be subject to the imposition

The funeral service will not be performed.

”라고 욕설을 하면서 테이블을 들어 던지는 시늉을 하는 등 소란을 피워 다른 손님들을 나가게 하여 위력으로 피해자가 하는 식당 영업업무를 방해한 것을 비롯하여 별지 범죄 일람표 기재와 같이 그 무렵부터 2016. 3. 28. 경까지 사이에 10회에 걸쳐 위력으로 피해자 4명이 하는 식당 영업 업무, 편의점 영업 업무 등을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol concerning E, F, D, and G (victims);

1. Investigative reports (Attachment of 112 Table for Handling Reports);

1. Previous convictions: Application of the results of inquiry, such as criminal history, investigation reports (related to confirmation of the criminal record of repeated crimes of the suspect, attachment of the judgment, and date of final release from the court);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] interference with the special area subject to aggravated punishment (one year or five years or three months of imprisonment) (one year or five years of imprisonment) (a person subject to special aggravated punishment] or a large number of unspecified victims or repeated crimes for a considerable period of time, the same repeated crime [decision of sentence] is against the defendant's recognition of the crime.

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