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(영문) 수원지방법원 2019.09.06 2018고단3566
업무방해
Text

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

Reasons

Punishment of the crime

[criminal power] On January 26, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor at Suwon District Court for the crime of interference with business, and on August 12, 2017, the Defendant completed the execution of the sentence in the female prison.

【Criminal Facts】

1. On April 3, 2018, from around 15:00 to 18:30, the Defendant interfered with the victim’s convenience store business by force by force, such as: (a) at the convenience store operated by the Victim K (V, the age of 41) in Suwon-si J; (b) at the convenience store; (c) at the convenience store without any justifiable reason; and (d) at the victim’s demand to leave the facility; (c) by finding out the convenience store, the Defendant interfered with the victim’s convenience store business by interfering with the victim’s computation by blocking the customers; (d) by cutting off the convenience store before the convenience store; and (e) by making the customers feel sound, and by making the customers get out the disturbance as they are.

2. At around 18:30 on the same day, the Defendant interfered with the victim’s beauty room business by force, such as: (a) the victim N(58) in a “O Hague shop” operated by Suwon-si M; (b) the victim N(s) was under the influence of alcohol to prevent customers entering the scene from entering the scene, such as “ging, singinginging, singinging, cutting down, etc.”; and (c) the victim’s beauty room business.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about N and P;

1. A list of reports on internal investigation (on-site situations, etc.) and 112 reported details;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of the same record, such as repeated crimes), judgment, etc.;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, for the reasons of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions of the instant case, such as the age, character and conduct, health condition, the circumstances and result of the instant crime, and the circumstances after the commission of the crime.

The favorable circumstances: The fact that one's mistake is divided and reflected, and that it has been agreed with the victim N.

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