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(영문) 춘천지방법원 2017.12.13 2017고단1146
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On February 9, 2017, the Defendant was sentenced to 8 months of imprisonment by obstructing business operations at the Seoul Central District Court, and completed the execution of the sentence in Seoul Southern Prison on June 2, 2017.

[Criminal facts]

1. On November 8, 2017, the Defendant who interfered with his/her duties shall be discarded from the E personal property world operated by the victim D in Chuncheon-si C on November 12:32, 2017 to the F to whom he/she was a guest.

The death shall be discarded.

” 등의 욕설을 하고, 위 고물상 앞에 설치된 파라솔 테이블을 오른손 주먹으로 내려쳐 부수고, 위 고물상 입구에 겉옷을 벗어 던지고, 위 고물상 주변을 맴돌며 큰소리로 욕설을 하는 등 약 20분 동안 소란을 피웠다.

Accordingly, the defendant interfered with the business of the injured party's secondhand business by force for about 20 minutes.

2. In the process of avoiding disturbance as above at the above date, time, and place, the Defendant: (a) was accompanied by the Defendant, who was installed in front of the above water surface, by drinking a solar gab, carried the victim’s lab.

Accordingly, the defendant damaged the victim's market price of 30,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Each statement of G and H;

1. Scenes of on-site photographs, receipts, CDs of CCTV images, and photographs of CCTV images;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to report an investigation (report on confirmation of the criminal records of the suspect's same kind);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destruction and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has many records of punishment for the same kind of crime or violent crime. The defendant committed the crime of this case without being aware, even though he was during the period of repeated crime, since he had completed a life in the same kind of crime and has been released therefrom.

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