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(영문) 수원지방법원 성남지원 2018.04.19 2017고단1992
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On August 14, 2013, the Defendant was sentenced to imprisonment with prison labor for robbery and for two years and six months at the Daejeon High Court, and on August 25, 2015, the Defendant completed the execution of the sentence at Daejeon Prison.

[2] On June 22, 2017, the Defendant interfered with the victim’s restaurant business by force for about one hour during a period of approximately one hour, while the Defendant provided meals at a cafeteria with the trade name “E” operated by the victim D, Sungnam-si, Manam-si, which is operated by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (report on the confirmation of the criminal suspect's repeated crime), and application of the text of the judgment;

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 sentencing Article 35 of the Criminal Act for aggravated repeated crimes is against the defendant, and the fact that the victim does not want the punishment of the defendant is favorable to the defendant, the fact that the crime of this case was committed even during the period of repeated crimes, and the fact that the same crime is repeated under the influence of alcohol is committed shall be determined by taking into account the circumstances unfavorable to the defendant, such as the order

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