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(영문) 광주지방법원 2018.07.26 2018고단1313
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to the suspension of the execution of official duties in the Gwangju District Court for six months, and the judgment became final and conclusive on September 17, 2016.

1. Interference with business affairs on March 31, 2018 (2018 Godan 1313), the Defendant, from March 31, 2018 to March 16:30, 2018, was under the influence of alcohol in the “E” restaurant operated by the victim D in Gwangju Mine-gu from March 14:30, to March 16:30 of the same day, “F f f f f f f f f f f f f f f f f f f f f f

E also dies.

C. Death.

“A police officer, who was called out after receiving 112 reports by 16:50 on the same day, returned home by her horse, etc., but by force, interfered with the victim’s restaurant business by force, such as: (a) unclaimed customers, who were in the said place, fluencing the disturbance and avoiding the disturbance; and (b) unable to enter the restaurant by entering the restaurant.

2. From April 22, 2018, the Defendant obstructed the victim’s restaurant business by force, such as: (a) around April 22, 2018, the Defendant: (b) around 15:10 on April 22, 2018, at the “K operated by the victim J (n, N, 62 years old) located in Gwangju-dong-gu I; and (c) at the “K” restaurant, i.e., “g., g., e., f., h., h., h.h. top., h. fore; and (b) h.e., h.,

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation report (Details of telephone call from the injured party);

1. Application of the 112 Report Settlement List (16:31), 112 Report Settlement List (16:52) and the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Type 1 (Interference with Business) area subject to mitigation (one month to eight months) (a person subject to special mitigation) is not subject to punishment, in respect of recommendation for interference with each business;

(b) Application of standards for handling multiple crimes: One month to one year;

2. The defendant who made a decision of sentencing reflects his mistake while making a confession of the crime, and the victims shall be punished.

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