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(영문) 수원지방법원 2018.11.14 2018고단4393
업무방해
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to one year and six months of imprisonment with prison labor on October 7, 2016 by Suwon Franchisor, and completed the execution of the sentence in Daegu Prison on January 30, 2018.

[2] On July 22, 2018, the Defendant: (a) 15:00 on May 22, 2018, and (b) * that ***** * *’D’ operated by the victim C in the name of restaurant in which the victim C * * * d’s drinking together with daily drinking, and (c) made the above victim’s talk with the victim “Irrhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs and receipts;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the records, etc. of suspects, repeated crimes, etc.);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The scope of applicable sentences: Imprisonment with prison labor for not less than one month but not more than ten years;

2. According to the sentence decisions, the sentencing conditions shown in the trial process of the instant case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, were determined as ordered in full view of the following circumstances:

The favorable circumstances: The court has been sentenced to a fine and a punishment such as imprisonment for the same kind of crime on October 7, 2016. On January 30, 2018, after the execution of the sentence was completed on January 30, 2018, it did not know that the crime of this case was committed even during the period of repeated crime.

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