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(영문) 창원지방법원 2017.07.13 2017고단1871
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 19, 2015, the Defendant was sentenced to six months of imprisonment for a special assault at the Busan District Court, and completed the execution of the sentence on December 10, 2016.

On March 24, 2017, at around 21:20 on March 24, 2017, the Defendant d'E, operated by the victim D in the window C of Changwon-si, with no reason to drink alcoholic beverages in the 'E' book, and, on a large scale, took a bath for the plastic stop box and so on on the table, the Defendant d's crypted the cryp of the C', and interfered with the above main shop operation of the victim 30 minutes by force by avoiding the disturbance by force.

Summary of Evidence

Application of Acts and subordinate statutes to confirm the record of repeated crime by the defendant's legal statement D

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

2. Article 35 of the Criminal Act provides that the Defendant is highly likely to be subject to criminal punishment, including one sentence, one suspended sentence, two times suspended sentence, and one suspended sentence due to violent crimes, due to interference with the sentencing of the aggravated repeated crime.

The crime of this case was committed during the period of repeated crime due to special assault that can be seen as the same crime, and the defendant seems not to have paid any compensation for damage.

In consideration of these points, the sentence shall be imposed on the defendant, and the sentence shall be determined like the order, taking into consideration the fact that the defendant is a criminal act committed by drinking and contingently, and that the defendant is divided.

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