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(영문) 부산지방법원 동부지원 2018.05.16 2018고단15
업무방해등
Text

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

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

[criminal history] On March 15, 2017, the Defendant was sentenced to imprisonment with labor for not more than ten months due to interference with business in the branch of the Busan District Court, and on November 2, 2017, the execution of the sentence was completed in the Busan District Court.

[Criminal facts]

1. On November 12, 2017, at around 20:50 on November 2012, 2017, the Defendant: (a) left the zone under the influence of alcohol at the E main points operated by the Busan-gun C Victim D (M, 50 years of age); and (b) chemicalizes the disturbance from the person who suffered damage; and (c) “I wish to die or die.”

"In doing so, it interfered with the victim's main business by force for about 15 minutes, such as throwing a glass cup on the floor, breaking a shoulder and peling the table, putting off the chest, showing the chest door to customers, etc.

2. The Defendant’s insultd the victim G, a police official belonging to the F District Police Station of the captain police station, who was called out after receiving a report of 112 on charges of interfering with the main business as above at the above date, time, place, and place, and when the victim G, who was the police official belonging to the F District Police Station, attempted to arrest the Defendant in the act of committing an act of committing an offense, and the employees and customers in the name of the said D and the victim’s order were observed, and the victim’s sexually insultingd the victim by singing the victim “hinging,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. A report on investigation;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (verification of crimes during the period of repeated offense)-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the reasoning of sentencing in the main sentence of Article 186(1) of the Criminal Procedure Act, the risk of recidivism by the Defendant seems to be high in light of the criminal records of the same kind of crime.

The defendant shall be sentenced to imprisonment.

However, it has been smoothly agreed with the victim of interference with business, and the defendant has led to confession and reflect against him.

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