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(영문) 대구지방법원 경주지원 2018.11.01 2018고단554
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence for six months on January 14, 2014 by obstructing business operations in Daegu District Court and racing support, and on July 23, 2014, the Defendant was sentenced to a suspended sentence for eight months on July 23, 2014, and the said suspended sentence was invalidated upon the final judgment rendered on December 5, 2014. The said suspended sentence was sentenced to ten months for the same crime, etc. in the same support on June 8, 2017, and was sentenced to a fine for obstructing business operations other than the completion of the said sentence two times in the Port of the Republic of Korea on April 7, 2018.

【Criminal facts” at around 22:50 on May 1, 2018, the Defendant: (a) in the DDam of the Victim C’s Operation, which was under the influence of alcohol; and (b) in the state of under the influence of alcohol, the Defendant: (c) “Nil year” to the Defendant, “Is the death, weather, the same year; (d) year; (e) year; (e) year; and (e) bit of bit

In order to prevent internal funeral services, she expressed his/her desire, she expressed his/her voice, sound, and expressed his/her employee E also expressed his/her desire to “I Chewing.” and obstructed the victim’s multi-facel business by force for about 25 minutes by smoking three customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Attachment of previous decisions and materials related to repeated crimes, etc.);

1. Application of Acts and subordinate statutes as a result of inquiry about criminal history;

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

1. The sentencing reason under Article 35 of the Criminal Act of aggravated repeated crimes is the defendant's criminal records, the crime, confession and reflects during the period of a repeated crime of the same kind, the victim's agreement (the defendant committed a crime interfering with business in the course of the operation of the victim in the past) and the health status of the defendant, and any other sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sex behavior, environment, family relationship, and social relation, shall be determined as ordered by the order, comprehensively taking into account all the

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