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(영문) 수원지방법원 안산지원 2018.09.07 2018고단2095
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor due to interference with business in the support of the Suwon Friwon, and completed the execution of the sentence on January 12, 2018.

On June 9, 2018, the Defendant: (a) requested the victim D, an employee of the said restaurant, to provide alcohol; (b) but the victim respondeded to the refusal of the request, and (c) expressed a large number of customers who were in the restaurant for about 15 minutes, in the same year as “csing, going through a large voice; and (d) threatened the customers by gathering any chair at the restaurant, thereby inducing them to go out of the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. On-site photographs;

1. Previous convictions: Application of an inquiry letter and investigation report (report on confirmation of crimes during the period of repeated offense) Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommended punishment] Article 35 of the Criminal Act [the reasons for sentencing of category 1 (Interference with Business) [1 month-8 months] [the person who has been specially mitigated] [including efforts to recover damage] / The defendant has been punished several times for the same kind of crime, as well as the defendant committed a second crime without being able to do so for the same repeated crime as recorded in the judgment. In light of the degree and attitude of power exercised, the crime cannot be strictly punished for the defendant due to its nature of the crime.

However, the sentencing conditions as ordered shall be determined by comprehensively taking into account the facts charged by the defendant, the fact that the victim expresses his/her intention not to punish the defendant, and other records and conditions of sentencing as shown in the trial process, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime.

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