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(영문) 제주지방법원 2016.12.21 2016고단2334
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On October 15, 2015, the Defendant sentenced the Jeju District Court to one year of imprisonment with labor for the crime of interference with business, etc., and completed the execution of the sentence in the Jeju Prison on August 10, 2016.

【Criminal Facts” around October 19:20 on October 10, 2016, the Defendant: (a) in the “D” ran tavern operated by the victim C in Jeju Island; and (b) in the victim’s ran tavern operated by the victim C, who does not sell the Defendant’s drinking, the Defendant expressed the Defendant’s abusive that “Iskh, Ish, and Ish, Isnh, Ish, and was off the Defendant, and obstructed the Defendant’s operation of the said main shop by force, such as making it possible for customers to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. A report on investigation;

1. On-site-related photographs;

1. Previous records of judgment: Criminal history records, investigation reports (Attachment to a criminal record of the same kind A and a copy of the judgment of the suspect), application of Acts and subordinate statutes to criminal investigation reports (verification of the expiration of term of punishment of a suspect A);

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

1. Sentencing guidelines for sentencing under Article 35 of the Criminal Act among repeated offenders: The range of recommended sentences [the scope of sentence for sentencing under Article 35 of the Criminal Act [the crime interfering with business, interference with business, category 1 (Interference with business), aggravated area, one year to 3 years and six months] and the following circumstances are considered: A normal circumstances which recognize and reflect the facts of crime and have a record of being subject to criminal punishment several times for violent crimes; in particular, it is a crime committed during the period of repeated crime due to the same kind of crime (the crime committed on August 10, 2015 after being sentenced to one year of imprisonment, etc. for the crime of interference with business, etc. on October 15, 2015). The method and degree of obstructing the exercise of force, Defendant’s age, character and behavior, environment, etc.

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