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(영문) 대구지방법원 김천지원 2020.07.22 2020고단982
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 19, 2018, the Defendant was sentenced to imprisonment with labor for the crime of interference with business, etc. at the Daegu District Court Kimcheon Branch on December 19, 2018, and the Defendant completed the execution of the sentence at the Kimcheon Juvenile Reformatory on March 5, 2020.

【Criminal Facts】

1. On May 27, 2020, the Defendant had difficulty with business on May 27, 2020, the Defendant: (a) around 23:58 on May 27, 2020, at a DNA restaurant operated by the victim C (n, 63 years of age) in Kimcheon-si B; (b) the victim demanded that the Defendant calculates the amount of food and returned to Korea; and (c) the victim demanded that he return to Korea, “the victim was inside one month from the pp. S. S. G. prison. B.; and (d) he was unable to have avoided a disturbance for about one hour by drinking, such as unloading a food by drinking, and

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

2. On June 18, 2020, around 07:00 on June 18, 2020, the Defendant: (a) around 07:00 on June 18, 2020, around G operated by the Victim F (Nam, 66 years of age) in Kimcheon-si; (b) demanded the victim to display the goods to the Defendant who is seated in the left board under the influence of alcohol; and (c) chemical flick flick flick flick flick flick flick flick flick flick flick fl. fl. d. h. d. as law; and (d) obstructed flick flick

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Each internal report (field photographs, etc.), victim's business registration certificate, field photographs, and field photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments, such as interference with business of a suspect), summary agreements and assistance meetings on cases, and application of three copies of written judgments to the third part of written judgments;

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

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing criteria; and

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