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(영문) 인천지방법원 2014.08.28 2014고단3835
업무방해등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On May 27, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Incheon District Court on May 27, 201 and completed the execution of the sentence on October 22, 2013.

【Criminal Facts】

around 08:30 on April 20, 2014, the Defendant expressed the victim’s e-cafeteria operated by the victim D in Gyeyang-gu Incheon Metropolitan City, Incheon, that “I see this e-mail” to the victim without any reason. The Defendant laid the victim’s e-cafeteria operated by Gyeyang-gu, Incheon, without any reason, a large interest to the employees of the above e-cafeteria, that “I see am, come to am......................., after the arrival of the police officer in receipt of the report, the Defendant interfered with the victim’s cafeteria business by force for about one hour, such as the table.

around 01:15 on June 6, 2014, the Defendant inflicted an injury on the number of days of treatment, such as an open wound (2.5cm) on the part of the Defendant, on the ground that the victim H (n, 23 years old), who was a customer on other tables, had been drinking alcohol at the “G main store” located in the Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon, caused the injury of the Defendant due to the number of days of treatment, such as the number of head (2.5cm).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. A written statement of I and J;

1. On-site photographs and opinions;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (period of repeated crimes of suspects and reports on confirmation of the same kind of power);

1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Duties, Selection of Imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes for punishment prescribed by the Punishment of Violences, etc. which is heavier than punishment)

1. Article 53 of the Criminal Act for discretionary mitigation

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