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(영문) 수원지방법원 2017.01.26 2016고단7030
업무방해
Text

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

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on August 18, 2016.

1. On September 11, 2016, the Defendant interfered with the victim’s restaurant business by forcing customers who had entered the restaurant by avoiding disturbance, such as “I”, which was operated by the victim H in Suwon-si G, on the ground that the victim did not sell his/her air condition before the day immediately before the restaurant, and she was placed on a blind and unfolding place, and the victim who resisted on this ground, talked to the victim at the large interest of “I would be placed on the spot because this spack would want to be laid off,” thereby undermining the victim’s restaurant business by force.

2. On December 12, 2016, the Defendant, at around 17:20 on December 12, 2016, in order to comply with the victim C’s “D cafeteria” operated by the victim C in Suwon-si, who was punished by the victim’s report of his/her duties, the crime of interference with his/her duties, injury, etc., and the suspended execution of his/her duties due to the crime of false accusation, the Defendant provided the above cafeteria with a large voice, removed the photographs attached to the cafeteria, removed the photographs attached to the cafeteria, and obstructed the victim’s cafeteria business by preventing the entry of approximately 20 minutes by avoiding the disturbance of the cafeteria, and by preventing the customers from entering the cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and C;

1. Previous conviction: Application of a reply to inquiry about criminal history, report on criminal investigation, previous convictions of suspects, and Acts and subordinate statutes confirming repeated crimes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravation of Concurrent Crimes are recognized and wrong.

The victim H agreed with the victim H.

It is recognized that there has been a written application for coaling from the neighboring person.

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