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(영문) 수원지방법원 안산지원 2018.05.24 2018고단545
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 8, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on the grounds of property damage, etc., and the said judgment became final and conclusive on February 20, 2018.

At around 20:30 on February 11, 2018, the Defendant: (a) entered a 'E cafeteria operated by the victim D' in Ansan-si, Ansan-si; (b) laid the beer’s house, and laid the house on which he had been on the table; and (c) laid down the food on the table of the house on which he had been on the table; and (d) requested from the police officer F of the Ansan-gu Police Station of the Ansan-si, the Defendant, who continued to receive 112 reports, to check the “where he is able to compensate for damages; and (e) whether he can calculate the amount of food; and (e) laid it in the so-called 'E cafeteria-gu office’ operated by the victim D; and (e) opened it on the restaurant, and obstructed the business affairs of the victim, such as the threat of force of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. CCTV video CDs;

1. Previous convictions in judgment: Investigation report (report on confirmation of final judgment) and application of Acts and subordinate statutes of judgment;

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

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing under Article 39(1) is not only a lot of records of having been punished for crimes such as violence, damage to property, interference with business, etc., but also a sentence of imprisonment again for the crime of this case is inevitable after the suspension of execution was sentenced for the same kind of crime.

On the other hand, in consideration of the fact that the victim wanted the defendant's wife, the defendant suffers from the respect for alcohol and the depression, and such mental disorder appears to have been caused by the crime of this case, and the fairness of the case where the judgment was rendered simultaneously with the crime of damage to property for which judgment has become final and conclusive, etc., the punishment as ordered shall be determined.

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