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(영문) 광주지방법원 2020.05.14 2020고단1383
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 20, 2018, the Defendant was sentenced to imprisonment with labor for the crime of interference with business at the Gwangju District Court on December 20, 2018, and completed the execution of the sentence on September 8, 2019.

【Criminal Facts】

On March 21, 2020, at around 07:05, the Defendant interfered with the business affairs of the victim D by force of approximately 24 minutes by drinking the disturbance, such as booming another customer while under the influence of alcohol in the Nam-gu Gwangju-gu, Gwangju-gu, and booming him while taking a desire to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. C CCTV video CDs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, seven copies of judgment, and application of one copy of Acts and subordinate statutes to the personal confinement status;

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 [Determination of types of punishment] interference with business affairs [Type 1] - Obstruction of business affairs [Special Aggravation of Punishment] - Aggravation factors: In the area of aggravation of the same repeated crime [the scope of the recommended area and the recommended punishment] - Imprisonment with prison labor for one to three years and six months [the general person in general] - Reduction factors: Serious reflectness - Aggravation factors: The same type of repeated crime and the same kind of punishment (less than 10 years after the completion of execution] that are not applicable to repeated crimes (the grounds for suspension of execution of sentence];

3. Determination of sentence: Six months of imprisonment; and

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