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(영문) 대전지방법원 2014.11.27 2014고단3497
업무방해
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 1, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and two months and eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon High Court.

9. The judgment became final and conclusive, and the execution of the sentence was terminated on October 3, 2013.

The Defendant, from around 23:00 on July 20, 2014, from around 23:00 on the following day to around 01:00 on the following day, she was forced to interfere with the victim’s restaurant business by force, including interfering with the victim’s restaurant business by driving a large amount of sound while under the influence of alcohol in the Ecafeteria of the operation of the victim D, Geumnam-gun, Geumsan-gun, and allowing customers to go to go to the restaurant.

9. From the end of 24.2, up to 17 times in total, the work of the restaurant operated by 6 victims, such as D, etc., such as the list of offenses was obstructed.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police protocol against D, G, H, F, I, J, and K;

1. Investigation report (to hear statements from victims by telephone and report);

1. Application of Acts and subordinate statutes to inquiries, such as the results of search and seizure of prisoners, criminal records, etc., and reports on undispositioned facts and confirmation;

1. Relevant Articles of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crimes. Article 314 (Selection of Imprisonment or Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the punishment of this case was committed on three occasions for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which include three times for the same suspended sentence (two times for violence-related crimes), one time for the same suspended sentence (2010), two times for the suspended sentence of this case (related to violence or obstruction of performance of official duties), and the two times for the suspended sentence of this case (related to violence or obstruction of official duties), as well as the motive and background leading up to the crime of this case, as well as the motive and circumstance leading up to the crime of this case, the defendant's age, character and conduct, and circumstances of sentencing, such as the crime of this case, which led to the occurrence of repeated crimes of the same kind, and the danger of recidivism,

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