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(영문) 수원지방법원 2019.05.15 2018고단6786
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 12, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for assault, etc. at the Seoul Eastern District Court on July 30, 2016, and the judgment became final and conclusive on October 27, 2016, and was sentenced to two months of imprisonment with prison labor for larceny, etc. at the Seoul East East District Court on April 7, 2017, and the judgment became final and conclusive on February 28, 2018, the execution of each of the above punishment was completed in the Suwon District Housing Site at the Suwon District Court.

【Criminal Facts】

Around 01:50 on November 1, 2018, on the ground that at the convenience store located in Suwon-gu, Suwon-gu, Suwon-si, the Defendant was influent with the victim D, which is the cause of its occupation. However, it was difficult for the Defendant to avoid disturbance for about 15 minutes, such as tring the coffee purchased with the victim into the carter where the victim is the victim.

Accordingly, the defendant interfered with the convenience store business of the victim by force, such as prohibiting the customers who entered the above convenience store to settle.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A criminal investigation report (including one CD onCCTV image), and a criminal investigation report (the results of hearing the statements of witnesses);

1. Before holding: Criminal records, etc. inquiry report (A), investigation report (fact that the person is subject to repeated offense of a suspect), previous disposition and confirmation, and application of Acts and subordinate statutes for inquiry about confinement information;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] interference with business affairs (category 1] interference with business affairs: Where the degree of force and deceptive scheme or the degree of interference with business affairs is insignificant, the factors to be aggravated: Reduction area of the same repeated crime (the recommended area and the scope of recommended punishment) and one month through eight months of imprisonment.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Conditions unfavorable to the defendant - Eight times.

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