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(영문) 서울북부지방법원 2017.03.23 2016고단925
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 3, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for interference with business affairs at the Seoul Northern District Court for six months, and was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (Habitual injury) at the same court on January 19, 2012 during the period of suspension of execution, and the suspended sentence becomes void, and the execution of the final sentence was terminated at the Child Training Correctional Institution on December 11, 2013.

1. On March 14, 2016, around 18:48, the Defendant assaulted the victim, on the ground that the victim, prior to the “D” restaurant operated by the victim C (n, 71 years old) in Dongdaemun-gu Seoul Metropolitan Government, had the victim take a bath against the victim on the ground that he/she returned home to the victim, and let him/her take a breath, and let him/her take a breath from the main bank, and flick the victim take the breath, and flick the back and down the victim’s back to the main bank, and flick the victim with his/her hand.

2. The Defendant interfered with the duties of the victim of the restaurant business by force, such as: (a) the Defendant went ahead of the restaurant for the foregoing reasons at the above time, at the above place; (b) 20 minutes of the 20 minutes; and (c) the Defendant took the bath, such as “Choba”, and marching the disturbance, and preventing other customers from entering the restaurant, thereby obstructing the victim’s work regarding the restaurant business.

Summary of Evidence

1. Statement of the defendant in the second public trial protocol;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 314 (1) of the Criminal Act (the point of violence) concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Interference with the performance of duties [Scope of recommended punishment] and interference with the performance of duties, the aggravated area (one year to three years and six months) (one year to six months) (special aggravation of punishment] of the same type of repeated crime;

(b)an assault;

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