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(영문) 서울북부지방법원 2020.04.24 2020고단967
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 5, 2019, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul East District Court for the crime of interference with business, and was released on September 15, 2019 by the Seoul Eastern District Court as the revocation of detention, and completed the execution of the sentence after the judgment became final and conclusive on September 26, 2019.

On March 5, 2020, the Defendant: (a) around 22:06, at the D restaurant operated by the victim C in Dongdaemun-gu Seoul, the Defendant intending to receive the victim’s request for prompt delivery by drinking alcohol and drinking alcohol, and obstructed the victim’s restaurant business by force by avoiding the disturbance for about 19 minutes, including 19 minutes, such as franch, bitch bitch, bitch bitch, franch,” and franching the victim’s sound, and requesting the victim to pay the food value and return home from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (Attachment to a detailed statement of processing 112 Reports), a criminal investigation report (CCTV video verification);

1. Investigation report (to hear victim's telephone statements);

1. 112 Report process statement; and

1. Previous records before ruling: Application of criminal records, investigation reports (pre-suspects of suspects and confirmation of the same kind of records);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing guidelines for offenses interfering with the affairs of interfering with the affairs of a person who interferes with the affairs of the person who interferes with the affairs of the person who interferes with the affairs: Reduction elements of punishment (including serious efforts to recover damage): In the area of mitigation (the scope of recommendation area and recommendation range) of the same repeated crime (including the area of recommendation and recommendation range) and one month to August.

3. The defendant who has a record of criminal punishment several times, and, in particular, in the case of this case, has committed a crime interfering with the restaurant business under the influence of alcohol, six months of imprisonment.

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