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(영문) 수원지방법원 안산지원 2019.07.24 2019고단1387
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On January 27, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Suwon District Court’s Ansan Branch on January 27, 2016, and completed the execution of the sentence on January 2, 2017.

【Criminal Facts】

At around 03:10 on February 25, 2019, the Defendant: (a) expressed that the victim C is an employee at D cafeteria B, which is an employee, had no money for the victim; and (b) made a report to the police without any justifiable reason, and (c) took a bath for the victim’s restaurant business by force for about 40 minutes, such as holding the card, wall, cellular phone, etc. on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Records of the case-related photograph (a photograph of a CCTV shielded cafeteria);

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (period of repeated crime of a suspect);

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

1. On the grounds of sentencing Article 35 of the Criminal Act among repeated offenders, the sentencing conditions indicated in the records, such as the following circumstances and age, environment, motive, means and consequence of the crime, etc. shall be determined as set forth in the text.

The defendant committed the crime of this case during the period of repeated crime due to special larceny, etc.: The defendant's mistake is recognized.

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