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(영문) 광주지방법원 순천지원 2013.11.20 2013고단1589
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to one year and two months of imprisonment for the obstruction of performance of official duties, etc. in the Gwangju District Court's netcheon Branch on February 16, 2012, and completed the execution of the sentence in the Sejong Prison on January 26, 2013.

1. Around 10:55 on June 4, 2013, the Defendant threatened the victim by saying, “Emart” operated by the victim D (here, 49 years of age) in the Net City C, on the ground that the victim did not reach an agreement on the case involving the transfer obstruction of business, the Defendant threatened the victim by saying, “The victim would be dead if he or she look at the baby, she will be dead, she will live in the same dog, a dog, a dog, a bath, or in the city.”

2. On June 6, 2013, from around 10:00 to around 10:15, the Defendant interfered with the business of the Defendant: (a) 10 customers, who drink 10 alcohol at the victim G, the victim G in the Jeoncheon-si in the Jeoncheon-si, on the ground that the victim does not drink; and (b) 10 customers, who drink her drinking at the same place on the ground that she did not drink her drinking, she saw her to her so as to her to her spath, and her to her spath, thereby obstructing her general restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. G statements;

1. Investigation report (Listening to statements by employees of the Eart);

1. Photographs of damaged place;

1. Previous records: Criminal records and other inquiries, investigation reports (verification as to whether a suspect has repeated crimes), and application of Acts and subordinate statutes to criminal investigation reports (Attachment to criminal judgments related to a suspect);

1. Relevant Article 314(1) of the Criminal Act, Article 283(1) of the Criminal Act and Article 283(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [decision of the type] and the reason for the sentencing of Article 50 of the Criminal Act shall be applied to intimidation [Special Aggravation of Punishment]: Reduction area of repeated crimes of the same kind [the scope of recommendation area] mitigation area, one month to eight months (decision of recommendation area].

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