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(영문) 의정부지방법원 2017.05.16 2017고단1466
업무방해
Text

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

Reasons

Punishment of the crime

On July 14, 2016, the Defendant was sentenced to 10 months of imprisonment with labor due to interference with business affairs by the District Court, and completed the execution of the sentence in the Child Training Correctional Institution on March 7, 2017.

The defendant, including this, has 14 times all the records of violent crimes.

Criminal facts

On March 31, 2017, the Defendant was under the influence of the Victim D, which was operated by the victim D, at the time of the Government around 20:10 on March 31, 2017, and instead, did not place an order, the Defendant expressed the victim and his/her employees “I am in prison where I am in prison. I am out of the prison. I am under the influence of the Defendant.”

Accordingly, the injured party was unable to escape the disturbance between 30 minutes, such as by reporting the urine in front of the restaurant entrance, again entering the restaurant, drinking water into the restaurant, spraying water on the container, and pushing the injured party with the container.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A photograph of a CCTV image to be cut;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to the same judgment attached thereto), application of Acts and subordinate statutes concerning personal confinement;

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

1. The reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows: (a) the Defendant had been and had been 10 times prior to and had been sentenced to three times; and (b) the obstruction of the instant duties is not only a crime committed during the period of a repeated crime of the same kind, but also one month after the completion of the term of punishment for the same crime, and thus, it is inevitable to sentence a

However, the decision is delivered with the order in consideration of the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., and the fact that the defendant is against the defendant, the victim seems not to be punished against the defendant.

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