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(영문) 수원지방법원 성남지원 2017.12.22 2017고단3041
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On May 19, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to interference with business in the Sungnam branch support by the Suwon branch, and completed the execution of the sentence in the Female branch on November 10, 2016.

[Criminal facts]

1. On October 28, 2017, from around 01:40 to around 01:50 on the same day, the Defendant interfered with the victim’s main business affairs by force by avoiding disturbance, such as breathing and noise, while under the influence of alcohol, in “E” operated by the victim D (V, 45 years of age), with his/her employees and other customers.

2. From around 23:00 on October 31, 2017 to 23:55 on the same day, the Defendant: (a) stated that the Defendant was drunk from the said main point of view to other customers “this son and son”; (b) placed the time room on the floor; (c) placed the victim’s and employees on the floor, placed the horses on several occasions; (d) expressed the victim’s desire to “Chewing son”; and (e) continuously interfere with the victim’s main place of business by force by avoiding disturbance, such as holding the time expenses to other customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. 112 Reported case handling lists and investigation reports;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history and criminal records of the suspect, and records of confinement), - Copy of the search results of the prisoner, and copies of the judgment statutes;

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

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are against the defendant's mistake, and the agreement is reached. However, the defendant committed the crime of this case during the period of repeated crime due to the same crime, including the defendant's punishment, and five times the criminal records of the same kind of crime should be taken into account.

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