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(영문) 대전지방법원 천안지원 2016.09.29 2016고단1524
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 13, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for interference with business at the Daejeon District Court on the part of November 13, 2014, and the judgment became final and conclusive on November 21, 2014, and is currently under suspension of execution. On February 6, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for interference with business in the Incheon District Court’s Incheon District Court’s Incheon Branch, and completed the execution of the imprisonment with prison labor on August 5, 2015.

[2] On June 14, 2016, from around 22:00 to 22:35, the Defendant expressed the convenience store for the victim D’s operation in South-gu, South-gu, Dong-gu, Dong-gu, Dong-gu, and without any justifiable reason, expressed the convenience store to the customers, such as “Chewing f........,” and the female customers are f.e., having a chest.

“Along with the words “, etc.,” and made it impossible for customers who are in the convenience store to get out of the disturbance and enter the convenience store, such as drinking alcohol within the convenience store and threatening customers as they see.

Accordingly, the defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the victim in D;

1. Images of on-site photographs;

1. Previous convictions: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (A), and confirmation of crimes committed for a period of suspension of execution;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with business affairs, interference with business affairs (special sentencing factors], non-conformity with punishment, and repeated crimes of the same kind [the scope of recommended punishment] for not less than six months but not more than one year and not more than six months;

3. Determination of sentence: Imprisonment with prison labor for six months has the record of being sentenced to a fine of two times for the same crime committed by the defendant during the period of suspension of execution and the period of repeated crime as stated in the judgment of the defendant;

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