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(영문) 서울남부지방법원 2019.08.12 2019고단3315
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On October 19, 2017, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violence, etc. Act (Habitual Violence) at the Seoul Southern District Court on the grounds of a violation of the Punishment of Violences, etc. Act (Habitual Violence) and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on February 7, 2019.

【Criminal Facts】

1. On June 23, 2019, around 21:10 on June 23, 2019, the Defendant: (a) found the victim C’s “D cafeteria operated in Gangseo-gu Seoul Metropolitan Government; (b) refused it; (c) rejected it; (d) caused the victim to scambling the table table of the customer who performed the alcohol inside the said shop; and (e) caused the customer to go away from the site by 30 minutes, including the table table of the other customer who performed the alcohol inside the street table, and then leaving the room.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. The Defendant damaged the property by cutting off one of the table 70,000 won of the market value of the victim, in the process of avoiding disturbance at the same time and place as mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Attachment to a detailed statement of processing reports related to 112 cases);

1. Investigation report (the telephone conversation of a shote);

1. On-site photographs;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the same criminal records and judgments, etc. of a suspect), and application of Acts and subordinate statutes to criminal investigation reports (verification of the date of release of a suspect from repeated crime related to a criminal suspect);

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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

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

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

(a) Class 1 Crimes (Interference with Business) [Attachment 1] Obstruction of Business Affairs [Attachment 1] Aggravation (Special Aggravation] : Aggravation of Cumulative Cumulative Offense (Recommendation and Scope of Recommendation)]; Imprisonment with prison labor;

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