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(영문) 서울동부지방법원 2014.04.30 2014고단609
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 28, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on May 19, 2012.

【Criminal Facts】

1. At around 23:40 on December 25, 2013, the Defendant found the disturbance under the influence of alcohol in Eins operated by the victim D (n, 66 years of age) located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant obstructed the business operation of the accommodation business of the victim by force for about two hours until December 26, 2013, including the number of strings of the entrance door, and the number of 2:00 on December 26, 2013.

2. Around 11:00 on December 26, 2013, the Defendant: (a) sought again at the said Einsium; (b) took part in the victim’s 112-report; and (c) took part in the 112-report and took part in the bath to “Cin years, the same age as Cins,” and took part in the floor; and (d) took part in the disturbance, by force for about one hour until 12:00 on the same day, the Defendant interfered with the victim’s accommodation business by force.

In this respect, the defendant, by force over twice, interfered with the accommodation business of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (the confirmation of repeated offenses against a suspect and the necessity of requesting a body check) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders include a majority of punishment, but if so, the defendant committed the instant crime during the repeated crime period. The victim who reported the 112 report again and reported the 112 report, together with the bad nature of the crime.

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