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수원지방법원 2017.04.27 2017고단3
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On August 20, 2014, the Defendant was sentenced to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Suwon Faging Station on August 20, 2014, and was sentenced to ten months of imprisonment for obstruction of business and crime of violence, and completed the execution of the sentence at the Seoul Southern Naging House on May 17, 2015.

[2] On December 21, 2016, from around 19:40 to 20:10 on the same day, the Defendant: (a) went under the influence of alcohol to “Esa,” operated by the victim D in Suwon-gu, Suwon-gu; and (b) expressed the victim’s desire to “Bae., Ie., Ie., Ie., Ie., Ie., Ie., Ie., Ie., Ie.”; and (c) interfered with the victim’s business by force by avoiding disturbance for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (a CCTV investigation at the scene of occurrence);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, inquiry of prisoners, reporting on the result of confirmation of minor convictions in disposition, and application of the text of the judgment;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : In the event that the degree of power, deceptive scheme, or the degree of interference with business is minor in the mitigated area (i.e., one month to eight months), the punishment is not imposed [special aggravated persons] (decision of sentence] : January to August 1 - [decision of sentence] - The circumstances unfavorable to the defendant: The above special aggravated person (decision of the same type of repeated crime), other criminal records related to the same kind of crime (violation of duties), other criminal records related to violence (violation of the Punishment of Violences, etc. Act, special robbery, special robbery, crime of injuring, crime of obstructing the performance of official duties, crime of intimidation, crime of assault), 15 times or more for suspended execution, and other special crimes favorable to the defendant, and the criteria for sentencing prescribed in Article 51 of the Criminal Act - The above special mitigated person (a minor degree of interference with duties or force, crime of intimidation, crime of violence), and other matters prescribed in Article 51 of the Criminal Act;