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(영문) 청주지방법원 2018.06.21 2017고단2189
업무방해
Text

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

Reasons

Punishment of the crime

[criminal history] On May 20, 2015, the Defendant was sentenced to two years of imprisonment with prison labor due to murder preparation at the Suwon Friwon, etc., and completed the execution of the sentence on January 30, 2017 at the Gwangju prison.

[2] On September 26, 2017, the Defendant: (a) around 01:05, at the main point of “E” of the victim’s D operation on the second floor of the Cheongju-si Office C Building, the Defendant, under the influence of alcohol, interfered with the victim’s main business by force, by brealy blocking the door door of the said main store and blocking the customers from entering the main store for about 15 minutes, and preventing them from entering the main store.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Reporting on the arrest of a case;

1. Previous offense: A written reply to inquiry, such as criminal history, investigation report (report on confirmation of whether the defendant and his/her defense counsel has committed a crime, but the evidence duly admitted and examined by him/her is sufficient to confirm that, in full view of the evidence examined by the defendant, the defendant, as stated in his/her reasoning, the defendant's defense counsel's assertion may not be accepted as the defendant and his/her defense counsel, since it can be sufficiently recognized that, by avoiding the disturbance of the above main agent for about 15 minutes, customers who were in the above main agent are forced to leave and who were entering the main place are unable to enter the main place; and

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

1. Reasons for sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] interference with business affairs, the mitigated area (one month to eight months) [including a person who has been specially mitigated] [including a serious effort to recover damage] a person who has not been punished (the decision of sentence] [the decision of sentence] a person who has not been aware of the fact that he/she is a repeated crime, and instead of being aware of the fact that he/she is a repeated crime. The crime is denied.

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