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(영문) 인천지방법원 부천지원 2018.12.19 2018고단3102
퇴거불응등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2018 Highest 3102] around 11:10 on August 18, 2018, the Defendant was under the influence of alcohol from “K” operated by the victim J in Gangseo-gu Seoul Metropolitan Government I building, and the Defendant refused to leave from the damaged party without good cause.

[2018 Highest 3292] On November 3, 2018, the Defendant 16:00 obstructed the victim’s customer counseling service by force for about 40 minutes, including 40 minutes, on the ground that the victim M (20 years old) working at the N mobile phone store in the Yancheon-si L was not caused by the demand of the victim to change the mobile phone.

Summary of Evidence

[2018 Highest 3102]

1. Statement by the defendant in court;

1. Written Statement of the J (2018 J 3292);

1. Statement by the defendant in court;

1. Written statements;

1. Application of Acts and subordinate statutes to report on investigation (to take pictures of victims) and report on investigation (to hear statements from victims’ telephone);

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in cases of refusing to withdraw), Article 314(1) of the Criminal Act (in cases of interfering with business) of the Criminal Act, and each choice of imprisonment with prison labor;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions for sentencing as well as the degree of interference with the affairs and the circumstances described in the records, such as the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc., for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

- On May 18, 2018, the Defendant was sentenced to the suspension of two years and six months of suspension of execution on August 26, 2018 in the Incheon District Court’s Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on May 26, 2018.

On July 16, 2018, the Defendant received a summary order of KRW 1,00,000 as a result of interference with business affairs, and committed each of the instant crimes during the same period.

There is no change in the Do-free land.

- With respect to the defendant who has refused to withdraw.

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