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(영문) 청주지방법원 2015.02.24 2014고단968
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 19, 2011, the Defendant was sentenced to eight months of imprisonment with labor at the Cheongju District Court for the crime of interference with business, etc., and completed the execution of the sentence on December 1, 2011.

On April 20, 2014, the Defendant: (a) around 03:00, at the “E restaurant” restaurant operated by the victim D (hereinafter “E”) located in Jincheon-gun, Jincheon-gun; (b) on the ground that the victim’s tobacco would be smoking to the Defendant, the Defendant: (c) took a bath to the victim; (d) boomed the victim at a large interest of “this Chewing year; (d) boomed the me at the victim’s face; and (e) spited the fright in the face of the victim; and (e) taken the 112 report to the police officer; and (e) boomed the victim’s fright at the victim’s face, the Defendant took a bath to the same fright of bitch; and (e) prevented the victim from entering the said restaurant by assaulting the victim by taking advantage of the victim’s fright.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. “Case-site photographs, etc.”;

1. Previous convictions indicated in the judgment: Application of criminal history records, probationary records (A), "written judgments and eight copies of summary orders", and investigation reports (current status of custody, preliminary records of repeated crimes, and confirmation of facts) Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing was agreed with the victim, and the defendant seems to be able to reflect the fact.

However, although the defendant had already been sentenced to a punishment for the same kind of crime, again committed the crime of this case during the period of repeated crime, and did not appear faithfully in the investigation or trial.

Other conditions of sentencing, such as the age, character and conduct of the defendant, relationship to the victim, means of the crime, and circumstances after the crime.

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