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(영문) 서울북부지방법원 2018.08.17 2017고단3044
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Force” On May 22, 2015, the Defendant was sentenced to six months of imprisonment by the Incheon District Court due to interference with business affairs, etc., and completed the execution of the sentence at the Incheon Detention House on September 13, 2015.

[Criminal Facts]

1. On June 30, 2017, around 13:05, the Defendant obstructed the Defendant’s duty to maintain the order of the victim’s bicycle race track for about 22 minutes by force, such as: (a) the Defendant, at the entrance of the “C” bicycle race track located in Dongdaemun-gu Seoul, Seoul, to find as a customer; (b) on the ground that he was under the influence of alcohol from D, who is the present employee; (c) the Defendant was placed in a position on the ground that he was under the influence of alcohol from D; and (d) the Defendant was placed in a position on the part of the present employee; and (d) the chest part of the victim E (33 years old), who is a security personnel to restrain it, once on the floor, once on the floor; and (d) the Defendant was under the influence of preventing customers from entering, thereby obstructing the Defendant’s duty of maintaining the order of the bicycle race.

2. Around June 30, 2017, the Defendant assaulted the victim at the above place, such as around 13:13, on the same ground as above, by putting the chest part of the victim E (33 years old) on the floor of hand.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. CCTV gap photographs;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime concerned;

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

1. Although the Defendant had a record of criminal punishment several times, he/she again committed the instant business interference and assault crime during the period of repeated crime, despite the fact that the Defendant had been subject to multiple criminal punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes.

However, the extent of damage caused by each of the crimes in this case is relatively little.

In addition, all the conditions of the instant pleadings and the records, such as the age character and character environment of the accused, the motive and means of the crime, and the circumstances after the crime.

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