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(영문) 부산지방법원 2019.01.30 2018고단4308
업무방해
Text

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

Reasons

Punishment of the crime

[criminal power] On September 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court for the crime of interference with business, etc., and completed the execution of the sentence on December 8, 2017.

【Criminal Facts】

On September 10, 2018, the Defendant: (a) around 10:50 on September 10, 2018, at the D restaurant operated by the victim C (Abreh, 68 years of age), expressed the victim the victim’s bath to “Igly Chewing, Igly do so, Igly do so, Igly do so”; and (b) let the customer who had been outside the restaurant take a bath, thereby hindering the victim’s restaurant business by getting the customer who was outside the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (the sequence 2, 6 of the evidence list);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and Acts and subordinate statutes (verification of whether the period of repeated crime of a suspect is period);

1. Relevant provisions for criminal facts, Article 314(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommending punishment] interference with business affairs, considering the following factors: (a) the aggravation area (one year to three years and six months) of aggravated (a person under special relationship] of the same repeated crime [decision of sentence] reflects the aggravation area; (b) the degree of interference with business; (c) the degree of interference with business; and (d) the records of the same crime

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