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(영문) 수원지방법원 여주지원 2019.07.08 2019고단274
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 22, 2018, the Defendant was sentenced to four months of imprisonment for a crime of assault at the Seoul Central District Court, and completed the execution of the sentence on June 22, 2018.

【Criminal Facts】

1. On January 27, 2019, the Defendant interfered with business: (a) around 16:25, the Defendant obstructed the victim’s restaurant business by force for approximately 30 minutes, including: (b) the victim C (at the age of 60) who was in the Gyeyang-gun B, and (c) the group of meals, which would cause food to other customers while eating. (d) The Defendant interfered with the victim’s restaurant business by drinking alcohol and food as soon as possible; and (e) allowing other customers to walk with a large voice.

2. On January 27, 2019, the Defendant: (a) around 16:55 on January 27, 2019, the Defendant: (b) brought assault to the victim who was working in the kitchen of the D cafeteria run by the victim in Yangyang-gun B; (c) brought the victim’s face with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Obstruction of business and photograph of violence case;

1. Receipts:

1. Previous convictions indicated in judgment: Criminal history records, references to each disposition, reports on results of confirmation, attachment of judgments, and application of Acts and subordinate statutes on the acceptance status of each individual;

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the 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 punishment by law: One month to fourteen years;

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

(a) Group 1 crime (decision of types of violence) (decision of types of violence) and the general assault [Class 1] and increased factors: Aggravation of repeated crimes of the same kind (excluding the types of repeated crimes of six categories): Aggravation area (excluding the recommended area and the scope of recommendations), 4 months to 1 year and six months;

(b) Class 2 (Interference with Business) Crimes (Determination of Types) interference with business [Type 1] interference with business (Special Punishment)]: The degree of force and deceptive scheme or interference with business.

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