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(영문) 서울동부지방법원 2017.08.10 2017고단1856
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business affairs at the Seoul Eastern District Court, and completed the execution of the sentence at the Sungdong detention center on September 6, 2016.

피고인은 2017. 4. 15. 20:35 경 서울 광진구 C에 있는 피해자 D이 운영하는 ‘E’ 식당에서 자신이 주문한 국수가 빨리 나오지 않는다는 이유로 피해자에게 “ 국수 줘, 씨 발, 빨리 국수 안 줘 ”라고 고함을 지르고, 이에 대해 옆 테이블에 앉아 있던 피해자 F 일행이 조용히 해 달라고 요청하자, 다른 손님들이 듣고 있는 가운데 피해자 F에게 “ 대가리가 하얗게 쉰

1. The age and age of the elderly, which led to a low-income margin, will be a way for the bathm.

The term "the same year as bitch bitch bitch bitch bit" was a large bit.

The defendant is reported by customers, and the bit of bit of bit of a bit of a bit of a bit of liquor

The term "I" means "Is the lux belt," and "Is the tenant who had been in the process of meals, such as getting off the lux belt at the rate."

Accordingly, the Defendant interfered with the victim D's restaurant business by force, and at the same time publicly insulting the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Investigation report (the I telephone conversations of a harvested person);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions of suspects and repeated crimes)-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the recommended punishment] The reason for the sentencing of Article 35 of the Criminal Act [the scope of the aggravated repeated crimes] is that the area of mitigation (one month to eight months) [the degree of special mitigation and increase] power, deceptive scheme, or the degree of interference with business is insignificant / The treatment of multiple repeated crimes for the same type of repeated crime: the crime of insult is not set in the sentencing guidelines, and therefore only the lowest limit of the recommended punishment is determined.

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