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(영문) 수원지방법원 성남지원 2013.03.22 2013고단369
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and fine of two million won for the crime of injury, etc. in the Suwon District Court's Sungnam branch on May 31, 2012, and completed the execution of the sentence in the Suwon Detention House on October 5, 2012.

1. Around 09:00 on February 5, 2013, the Defendant: (a) took a talk with the victim D(Ecafeteria)’s “Ecafeteria” operated in Seongbuk-gu, Sungnam-si; (b) continued to take a desire for the victim’s wife, “I will not see the victim’s level,” on the ground that the victim’s behavior is calculated in half of the drinking value and the victim demands calculation of the remainder of the drinking value; and (c) the victim’s wife, from the victim’s wife to the above restaurant, he/she continued to enter the said restaurant for 10 hours, such as the victim’s day to enter the restaurant.

2. On February 13, 2013, the Defendant: (a) 21:30 on February 13, 2013, the victim H (year 71)’s “I” in Sungnam-si, the Defendant took a bath for the victim on the ground that the room he/she had been aware of, under the influence of alcohol from “I” to “I”, did not come to the Matern,” and obstructed the victim’s inn business by force for about 40 minutes from the above date to 2:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. Previous convictions: Results of confinement of prisoners attached to investigation reports, application of Acts and subordinate statutes; and

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are the same.

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