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(영문) 수원지방법원 안산지원 2018.07.19 2018고단1668
업무방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On October 8, 2015, the Defendant was sentenced to two years of a suspended sentence to imprisonment with labor for three months as a result of interference with business in the assistance in Ansan Labor, the method of Suwon Labor, and the judgment became final and conclusive on January 23, 2016, and on July 19, 2017, the Defendant was sentenced to four months of imprisonment with labor for interference with business by the same court on December 6, 2017, and the judgment became final and conclusive on December 6, 2017, and the execution of the sentence was terminated at the Sungsung Occupational Training Correctional Institution on March 12, 2018.

[2] On April 26, 2018, the Defendant: (a) under the influence of alcohol at the “E” restaurant operated by the victim D (30 s) of the victim D (30 ) in Ansan-si, Ansan-si; and (b) expressed the Defendant’s desire to “Ise Ma, Ise son,” and was on the table.

The victim interfered with the victim's business for about 30 minutes by force, such as putting booms on the floor, preventing other customers from entering the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each photograph;

1. A criminal investigation report (related to witness's statement in a restaurant);

1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation reports (Attachment to a copy of the same type of judgment), and application of Acts and subordinate statutes to report criminal investigations (the confirmation of crimes during the period of repeated crimes);

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

1. It is recognized that the Defendant appears to have an attitude against the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes, and that it agreed to do so.

However, it is difficult for the Defendant to take the charge of the crime of this case as a fine, even though the Defendant has a lot of history of the same punishment, and even during the same repeated crime period.

In addition, the conditions of all the sentencing shown in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, shall be determined in the same manner as the order.

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