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(영문) 수원지방법원 2016.06.09 2016고단1829
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to six months of imprisonment and fine of 300,000 won by obstructing duties at the Suwon Methods Institute, and completed the execution of the said imprisonment on October 25, 2015.

On April 11, 2016, the Defendant: (a) around 21:00, at a restaurant operated by the victim D (n, 30 years of age) located in Osan-si C; and (b) without any reason, at the customer E who drinks alcohol at the same time without any reason, the Defendant spawn the flapsing of the weather.

"Influent, large, spoking and threatening the salted fish, making customers go out of the place, make female employees who continue to spoke it, take a bath, and attracts the hand, etc., and interfere with the victim's restaurant business by force for about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. F cafeteria CCTV video CDs;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the date of release);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] within the scope of business interference, and the aggravated area (one year to three years and six months) (the person subject to special aggravated punishment] of the same type of repeated crime;

2. The Defendant, who was sentenced to sentence, committed the instant crime without being aware of the fact that the Defendant had been subject to criminal punishment on several occasions by interfering with the duties committed in the daily drinking house, restaurant, etc. in Osan-si, and by committing the instant crime without being aware of the same repeated crime period.

On October 31, 2015, when the Defendant was released from prison on October 21, 2015, and on November 21, 2015, when he was under the influence of alcohol, the Defendant entered a restaurant located in the Osan City, and committed a crime of assaulting other customers without any justifiable reason. (On March 16, 2016, the Defendant issued a summary order of KRW 3 million at the Suwon Friwon, which was issued on March 16, 2016), and on March 21, 2016.

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