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(영문) 광주지방법원 목포지원 2018.03.20 2018고단6
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On November 18, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special intimidation at Jeju District Court on March 30, 2017, and completed the execution of the sentence at the Mapo Prison.

[2] On December 30, 2017, from around 21:10 to 21:20 the same day, the Defendant: (a) was dissatisfied with the victim’s main duty to operate the victim’s main points by force by avoiding the disturbance, i.e., making three customers who used the main points out of the area of the area of the victim’s zone from around 21:10 on December 30, 2017 to around 21:20 on the same day; (b) he was dissatisfied with the victim’s main duty to operate the victim’s main points by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the judgement, etc.) statute;

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) where the degree of power, deceptive scheme, or the degree of interference with business is minor in the mitigated area (one month to eight months) (a person subject to special mitigation) [including efforts to recover damage] / Where the defendant has been subject to criminal punishment several times for the same kind of crime; (b) the defendant committed the instant crime even during the period of repeated crime; (c) the degree of power and interference with business; and (d) the defendant agreed with the victim; and (e) the reasons for sentencing indicated in the records, including the following: (a) the punishment is determined as ordered.

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