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(영문) 인천지방법원 2018.07.25 2018고단2512
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 16, 2017, the defendant was sentenced to imprisonment with prison labor for not less than eight months by interfering with business affairs at the Incheon District Court and the same year.

5. 24. The execution of the sentence was completed at the Gesung Vocational Training Institution.

On February 2, 2018, from around 22:0 to 22:50, the Defendant, without good cause, expressed a public bath to customers at a restaurant operated by the victim D, Nam-gu, Incheon Metropolitan City, with a large interest, such as “Isle, two years, and mythm,” and obstructed the victim’s restaurant business by force by taking advantage of the victim’s disturbance, such as spiting down, cutting down, and cutting down, and cutting down, etc., the cafeteria, which was located at the main point.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A report on internal investigation:

1. On-site photographs;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history, current status of personal confinement, previous convictions and results of confirmation;

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. In light of the fact that there is a record of being punished several times for the same type of crime as the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes, and that the crime of this case was committed without being aware of during the period of repeated crimes, it is inevitable for the defendant to have a serious punishment.

However, it shall be considered that the circumstances favorable to the defendant, such as the fact that he/she is against the defendant, the fact that he/she is working to treat the symptoms of the mental and behavioral disorder caused by drinking, etc., and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the

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