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(영문) 인천지방법원 2017.06.22 2017고단2798
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Power of crime] On October 28, 2015, the Defendant was sentenced to one year of imprisonment by the Incheon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and completed the execution of the sentence at the Gesung Vocational Training Correctional Institution on June 23, 2016.

[2] On April 16, 2017, the Defendant: (a) on the ground that in the “E” restaurant operated by the victim D located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, the Defendant brought late water to F; and (b) on the ground that the Defendant, an employee, “I drhhhhhhhhhhhhhhhhhhhhhhh?

B. Whether it disregards B/L

A bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.

”라고 욕설을 하였고, G 등 다른 손님들에게 “ 뭘 쳐다보냐,

As a result, there was a voice of 10 minutes, such as Magman, Magla, Mag Mag Mag, Mag Mag Mag Magh, Mag Maghn, Maghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on internal investigation and investigation report;

1. 112 A list of reported cases;

1. A photograph of a CCTV image to be cut;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on the results of confirmation of the previous convictions in disposition, and the application of the relevant Acts and subordinate statutes;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] interference with the affairs of Article 35 of the Criminal Act [the grounds for sentencing of category 1 (Interference with Business) [one month to August] [the person who has been specially mitigated] [the sentence] imprisonment for four months disadvantageous to him/her: A crime committed during the period of repeated crime, and was indicted for interference with business on March 29, 2017 (the period during which the appellate court was sentenced to a fine due to interference with business on March 29, 2017 (the period during which the appellate court was sentenced to a punishment as of March 573, 2017, current 2017 No. 1249) and then led to the instant crime on April 16, 2017, which led to the violation of the trust of the court in which the defendant was committed: recognition of his/her mistake and it is against the law.

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