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(영문) 대구지방법원 2019.07.09 2019고단2132
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal power] On December 7, 2017, the Defendant was sentenced to three months of imprisonment with prison labor for the crime of interference with business at the Jung-gu District Court, and on March 5, 2018, the Defendant completed the execution of the sentence in the medical prison.

On March 27, 2019, at around 20:40, the Defendant avoided disturbance for about one hour, such as “D” operated by the victim C (n,e.g., 52 years of age) in Daegu Northern-gu B, taking care of the victim at a large interest rate, and taking other customers with the desire to take a part in time, and taking part in time expenses.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (suspects' repeated records and confirmation of the same records);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of punishment] of the recommended punishment according to the sentencing guidelines] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction factors of the punishment (including serious efforts to recover damage): Reduction area of the same repeated crime [the recommended area and the scope of the recommended punishment], and one month through eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for 6 months - The Defendant committed the instant crime while being tried for the crime of interference with business during the period of identical repeated crime (a fine was sentenced and pending in the appellate trial).

- The defendant is guilty of committing the crime, is against his will, and does not want the punishment by mutual consent with the victim.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

Public Prosecution Rejection Parts

1. The summary of the facts charged is time stated in the facts charged.

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