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(영문) 서울중앙지방법원 2015.03.27 2015고단936
업무방해
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 8, 2014, the Defendant was sentenced to six months of imprisonment for fraud and interference with business at the Seoul Central District Court, and the enforcement of the sentence was terminated on January 24, 2015 at the Seoul Detention Center.

On February 22 and 10, 2015, the Defendant: (a) at the main point of “E” operated by the victim D located in Jongno-gu Seoul Metropolitan Government Jongno-gu, and (b) on the ground that F, an employee, would have paid the credit rating to the Defendant, the Defendant: (c) sounded the Defendant, “F,” collected the beer’s disease, laid the beer, cut off the beer, cut off the beer, and obstructed the Defendant’s business of the said main store by force by avoiding disturbance between approximately 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Investigation report (related to attachment of photographs of damage), investigation report (related to the statement by a shot person);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, certificates of confinement and investigation reports (involving repeated crimes, binding of records, etc.);

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. In light of the fact that a repeated crime committed several times with the same type of crime as the sentencing reason under Article 35 of the Criminal Act among repeated crimes, and that the crime of this case was committed immediately after the release, a sentence of sentence on the defendant is inevitable.

Provided, That the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the fact that the defendant commits a mistake, the fact that the defendant has agreed with the victim, etc., and taking into account the age, character and conduct of the defendant, the motive and background of the crime, and the circumstances revealed in the pleading after the crime.

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