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(영문) 수원지방법원 2018.04.25 2018고단528
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 13, 2014, the Defendant was sentenced to two years of imprisonment with prison labor by obstructing business operations at the Suwon Franchisor, etc. on June 7, 2016, and completed the execution of the sentence in Daejeon Prison on June 7, 2016, the Defendant: (a) within the D convenience point located in Osan City from around 13:00 on December 29, 2017 to 16:50 on the same day; and (b) was refused to provide credit to the victimJ, who is an employee, on the ground that he/she was subject to refusal.

“In doing so with a large sound, the victim’s convenience store business operation was obstructed for about 4 hours by force by force, such as: (a) lids from the air conditioners without paying money; (b) lids from the air conditioners; (c) kis from the victim’s control; and (d) kis from the victim’s control over the victim; and (e) kis from the victim’s control over the victim; and (e) kis

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to J;

1. 112 A report processing table;

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported statutes;

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

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

1. Aggravation area (one year to three years and six months) of the aggravated area (special sentencing factors) according to the sentencing guidelines, the scope of the sentence [the scope of the recommended punishment] according to the sentencing guidelines, which interferes with the affairs, shall be limited to the category 1 (Interference with Duties).

2. The defendant, who has been sentenced to punishment for the same criminal offense several times, committed the instant crime without being aware of the fact that he/she had been sentenced to punishment for the same criminal offense and, in particular, committed the instant crime even during the period of repeated crime, and the victim's damage has not been recovered, and the Defendant has failed to receive a letter from the victim, and the Defendant is against himself/herself while making a confession of the instant crime

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