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(영문) 창원지방법원 진주지원 2017.03.29 2017고단22
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for interference with business, etc. in the branch court of the Changwon District Court on December 14, 2014, and completed the execution of the sentence at the branch court of the Tongwon District Court on December 14, 2014, and on June 11, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (damage of property, such as group, deadly weapons, etc.) at the branch court of the Changwon District Court on March 11, 2015, and is currently under the suspension period.

On December 25, 2016, the Defendant found the “E” convenience points in the operation of the victim D in Jin-si, Jin-si, Jin-si, Seoul on December 25, 2016.

The demand was made to bring the ship to the victim, and the victim was refused from the victim, and the victim was "I am to die," "I am to am to am to am to the am to the am to the am to the am to the am to the am to the am to the am to the am to the am to the am to the son."

Along to about 30 minutes of disturbance, such as referring to the large interest, the victim interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports ( current status of personal confinement), copies of each summary order, and application of Acts and subordinate statutes of each judgment;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing of Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Type 1 (Interference with Business) (In the area of recommendation), which prevents the application of the sentencing criteria (the type of decision) from business operations, is from one year to three years (in the area of increase) - Special sentencing factors: Criminal records of the same repeated offense - General sentencing factors: criminal records of the same kind of punishment for less than 10 years after the completion of the execution;

2. Specific sentencing has been punished 28 times in total by the Defendant prior to the instant case due to interference with official duties, violence, and interference with business, and among them, the Defendant has been sentenced twice as a result of interference with business, and is currently under the period of repeated crime and suspension of execution.

Nevertheless, the Defendant committed the instant crime.

The defendant's age, age, and .

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