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(영문) 의정부지방법원 고양지원 2018.03.30 2017고단2361
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 1, 2016, the Defendant was sentenced to eight months of imprisonment for the crime of assault, obstruction of business, etc. in the Goyang Branch of the Jung-gu District Court on September 1, 2016, and completed the execution of the sentence in the Giju Prison on March 30, 2017.

[Criminal facts]

1. On July 8, 2017, the Defendant, at around 05:00 on July 8, 2017, destroyed the victim Ethynael (F)’s first pentel part of the victim E, who is under influence of alcohol on the front road located in Soyang-gu Seoul Metropolitan Government C, without any justifiable reason, to have the victim’s taxi repaired 1,030,324.

2. On July 28, 2017, the Defendant, at around 01:30 on July 28, 2017, 2017, was under the influence of alcohol at “H” main points located in Seoyang-gu G, Seoyang-gu, Seoyang-gu, and was under the influence of alcohol without any justifiable reason, and the Defendant was subject to the victim I, who is the operator of the said main shop, to the said main shop, “Dive Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat L?” and was under the control of the said main shop, the Defendant was able to look at the table table of the said main shop and the line weather with drinking. The Defendant was able to look back to the subsequent mebbbbs, and prevented him from citing for a new customer.

Accordingly, the defendant damaged the victim's property and interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of I;

1. Written estimate and the damaged photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the judgment);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for concurrent crimes are as follows: (i) the aggravation area (1 to 3 years and 6 months) of the aggravation area (1 to 1) of the grounds for sentencing of Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes; (ii) the basic area (4 months to 10 months of the Act on the Aggravated Punishment of Crimes (the scope of recommended punishment) (the person subject to special aggravated punishment) of the same type of repeated crime (the scope of recommended punishment) (the person subject to special sentencing) of the basic area (4 months to 10 months).

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