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(영문) 대구지방법원 2017.05.11 2016고단5688
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On February 12, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) in the Western Branch of the Daegu District Court, and completed the execution of the sentence on December 7, 2015.

[2] On September 11, 2016, from around 13:30 to 14:00 on the same day, the Defendant: (a) expressed the victim’s desire to purchase in the Ethyle room operated by the victim D located in Daegu C, and prevented the customer from entering the scene by avoiding the disturbance; (b) thereby obstructing the victim’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of one copy of the inquiry report, such as criminal history data, and one copy of the personal confinement status;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigated area (one month to eight months) (special mitigation) (person subject to special mitigation)) the degree of power, deceptive scheme, or the degree of interference with business, is minor; (b) the punishment as ordered, shall be determined by taking into account the circumstances described in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

Unfavorable circumstances: The Defendant committed this case without being aware of the period of repeated crime.

Defendant failed to receive a letter from the injured party, and has already been punished by a fine on one occasion for the crime of injury that was committed during the period of repeated offense.

The defendant shows a attitude that reflects his mistake.

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