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(영문) 전주지방법원 정읍지원 2019.01.08 2018고단450
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 22, 2018, at around 20:40, the Defendant ordered the victim under the influence of alcohol at the main point of “D” operated by the victim C (son and 24 years of age) who was in the Jin Chang-gun, the Defendant was denied on the ground that there was no drinking value. However, at around that time, the Defendant expressed a large voice to the victim and the employees of the said main point for about 50 minutes during the period from around 21:30 to around 21:30, the Defendant was unable to avoid a disturbance, such as the victim’s chest part of the chest, the chest part of the victim’s chest, and the wheels near the trees.

Accordingly, the Defendant interfered with the principal operation of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and victim C;

1. Notification of a department related to reporting 112 cases;

1. Reports on internal investigation (Interference with business and violence);

1. Photographs;

1. Previous records: References to criminal records, investigation reports (fact that the period of repeated crimes is in progress), and application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgments of violent crimes, etc. for the latest ten years);

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

1. On December 14, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Jeonju District Court’s assistance branch on December 14, 2017, and six years have not yet passed since he was released from the Jeonju prison on June 1, 2018 after the execution of the sentence was completed and was discharged from the prison, and there has been a lack of drinking and paying the drinking value at the victim’s main points. On the day of the instant case, whether the Defendant used alcohol without money, and made customers feel inconvenience, such as requesting a reduction in the scope of duties according to the sentencing guidelines for sentencing under Article 35 of the Criminal Act. On the same day of the instant case, the Defendant does not have a customer, and the victim does not have the customer so that he will come, and the Defendant will come to the Defendant, and the Defendant will make the Defendant come to the Defendant with the Defendant’s selling and selling, and then the quih of the chest, such as drinking and drinking.

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