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(영문) 부산지방법원 2018.04.03 2018고단503
업무방해
Text

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

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to injury, etc. at the Busan District Court, and completed the execution of the sentence at the Busan Detention House on May 7, 2015.

On November 12, 2017, the Defendant entered the “P” restaurant operated by the Victim O (V, 45 years of age) located in Busan J, Busan, Busan, on November 12, 2017.

During the so-called so-called farcing of the farcing of the farcing of the farcing of the farcing of the farcing of the farcing of the farcing of the farcing of the farcing of the farcs, the farc of the farcing of the farcing of the farcing of life

Accordingly, the Defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions and confirmations of repeated crimes)-related statutes;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, the scope of business interference (the scope of the recommended punishment], the scope of the reduced area (one month to eight months) (the degree of special mitigation), the degree of power, deceptive scheme, or the degree of interference with business interference, is insignificant;

2. Circumstances that are disadvantageous to a decision on sentence: Consideration of all the conditions for sentencing, such as the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the criminal defendant;

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