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(영문) 수원지방법원 2018.03.08 2017고단5302
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal records] On January 14, 2015, the Defendant was sentenced to six months of imprisonment with labor due to interference with business by the Suwon Methods Board, etc., and completed the execution of the sentence on May 22, 2015. On November 24, 2016, the Defendant was sentenced to six months of imprisonment with labor due to an injury, etc. in the same court, and completed the execution of the sentence on April 17, 2017.

[2] On July 30, 2017, from around 10:00 to 12:00 of the same day, the Defendant sought understanding on the following: (a) the restaurant “E” operated by the victim D in Suwon-gu, Suwon-si, by drinking food and drink; (b) the customers, who resisted, resisting the victim, resisting the victim, and the victim, resisting the victim at a multiple times, and continuously interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. A person under consideration or a suspect's photograph, etc.;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same criminal records as the suspect), status of acceptance by individuals, previous convictions and results of confirmation of the disposition;

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Article 35] : (a) [Article 1 of the Act on the Punishment of Violence, Etc. (Interference with Business] [Special Aggravation] [Special Aggravation] : The scope of the comparative sentence between the punishment and the recommended punishment for the same type repeated crime: January to August [Pronouncement]] : The sentence for the same repeated crime (a crime of violation of the Punishment of Violences, etc. Act, crime of violence, crime of obstructing the performance of official duties, crime of interference with the performance of duties, crime of inflicting injury, crime of special violence) and the history of punishment, including one time a suspended sentence, are eight times more favorable to the defendant; (b) the victim is not punished; (c) the victim is not punished; and (d) the other criminal law is recognized.

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