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(영문) 인천지방법원 2017.12.21 2017고단2499
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the Incheon District Court, and completed the execution of the sentence on September 10, 2016.

1. On October 10, 2016, at around 19:30, the Defendant obstructed the victim’s restaurant business by force of 30 minutes, such as having the frank customers who did not drink food leave the above restaurant, by placing a large amount of sound in the “E cafeteria operated by the victim D” in Bupyeong-gu Incheon Metropolitan City, without any justifiable reason.

2. On November 26, 2016, the Defendant took the bath of the victim G management in Bupyeong-gu Incheon Bupyeong-gu, Incheon, without any justifiable reason, the Defendant obstructed the victim’s bath business by force of approximately 30 minutes, such as raising time money.

3. On December 27, 2016, at around 00:35, the Defendant obstructed the victim’s main store operation by force for about one hour, i.e., the victim’s main store in Bupyeong-gu Incheon Metropolitan Government “K stores” in the victim J’s operation, and without any reason, the victim’s desire to engage in the cryping of “cs” while the victim’s customers are in a critical voice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Written statements of J and G;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, the same criminal record, and the Acts and subordinate statutes governing the period of repeated offense;

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

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

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. Where the degree of obstruction of duties or the degree of obstruction of duties in the mitigated area (one month to eight months) (special mitigation persons), such as power and deceptive means, is minor;

2. Where the degree of obstruction of duties or the degree of obstruction of duties in the mitigated area (one month to eight months) (special mitigation persons), such as power and deceptive means, is minor.

3.With respect to the crimes No. 3 [the scope of recommendations], interference with work.

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