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(영문) 수원지방법원 평택지원 2017.03.30 2017고단329
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on June 9, 2016, due to interference with business in the branch court of the Daegu District Court on the 17th of the same month, which became final and conclusive on the 10th of the same month.

[Criminal facts] The Defendant, on February 14, 2017, is under the influence of alcohol from “E” for the victim’s D operation in Pyeongtaek-si C around 20:20 on February 14, 2017, and provided, “Chewing, Chewing, and human shot.”

The victim’s main shop operation was obstructed by force by avoiding disturbance for about 30 minutes, such as breaking the alcohol and alcohol remaining in the business place while putting female employees a bath for “Is and Chewing”, and neglecting the victim’s main shop operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to judgments of the same kind as the suspect);

1. The grounds for sentencing (the scope of recommending punishment) under Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act for criminal facts and the selection of punishment [the scope of recommending punishment] (the scope of business interference] [the person subject to special mitigation] in the mitigation area (including efforts to recover damage] (the decision of sentencing] [the decision of sentencing] and the following circumstances, such as the defendant's age, occupation, sex, family relation, and circumstances before and after the commission of the crime, the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as stated in the records.

- The crime of this case is set aside during the period of suspension of execution due to the same crime - the victim shall agree with the victim. - The defendant's mistake is against the defendant.

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