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(영문) 인천지방법원 2017.03.30 2016고단8543
업무방해
Text

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

Reasons

Punishment of the crime

The Defendant, as the former owner of the “D” entertainment station operated by the victim C in Yeonsu-gu B and the second floor in Incheon, operated by the victim C, operated the “E” entertainment center in the vicinity of the said entertainment station.

On November 8, 2016, the Defendant: (a) around 00:40, around 00, the Defendant: (b) followed the victim, who is the owner of the business, with a high sound; (c) driven by a knicker; (d) driven by a knicker; and (e) the victim was the victim to have the knicker inside the knicker.

“After the sound, the Defendant opened the studio door of the above entertainment shop with customers by seeking to find the customers, and 40 minutes of the studio, such as paying the time fee, while bringing a bath to the customers in the room.

Accordingly, the Defendant interfered with the victim's operation of the amusement store by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, the Defendant’s reason for sentencing of sentence of imprisonment with prison labor recognizes and reflects his/her mistake, and the agreement with the victim is favorable.

However, on May 28, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for the crime of injury on April 28, 2015, and the said judgment became final and conclusive on June 5, 2015, and the instant crime is under suspended sentence.

In addition, even though the Defendant was indicted on November 29, 2016 for the crime of injury and was sentenced to a fine (Seoul District Court Decision 2016 High Court Decision 2016 High Court Decision 2852), the Defendant committed the instant crime. Despite the Defendant’s identity, it appears that the Defendant did not provide appropriate treatment for alcohol ozone, and that the risk of recidivism is very high.

There are three times of suspended execution, and 15 times of fine.

Accordingly, the defendant is sentenced to the punishment.

In addition, all the sentencing conditions, such as the age, sex, property status, and family relationship of the defendant, shall be determined as per the order.

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