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(영문) 수원지방법원 2017.04.13 2017고단1193
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on November 24, 2016 to six months after he/she was sentenced to a suspended sentence of two years on December 2, 2016, by obstructing business by the Suwon Friwon, etc., and the judgment became final and conclusive on December 2, 2016, and

[Criminal facts]

1. On February 25, 2017, at around 04:45, the Defendant interfered with the victim’s duties by force while drinking alcohol at the alcohol house of the “E” operated by the victim D in Suwon-si, Suwon-si, without any reason, and at the same time drinking alcohol to other customers, the Defendant took a bath to the victim while taking the victim’s bath, and interfered with the victim’s duties by force.

2. The Defendant damaged property by assaulting the victim at the same time and place as referred to in the preceding paragraph, and by citing and damaging the victim’s market value of 58,000 won at the time and place where the victim reported to the police at the time and place, the victim caused the damage to its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. On-site photographs and CCTV closure photographs;

1. Previous convictions in judgment: Investigation report (Attachment of the previous summary order, text of the judgment, etc.), one copy of the judgment, one copy of the summary information of the case, and the application of the Acts and subordinate statutes regarding criminal history;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Type 1 (Interference with Business Affairs) (Interference with Business Affairs) is not subject to punishment for the mitigated area (one month to eight months) (special mitigation factors).

(b) Class 2 crime (damage) [Scope of Recommendation] general standards and scope of final sentence due to the reduction area (one to six months) (special mitigation person] (special mitigation person] aggravation of punishment due to the increase of punishment non-exclusive punishment: January - November 1.

2. Sentence;

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