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(영문) 부산지방법원 2018.10.02 2018고단1392
업무방해등
Text

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

Reasons

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to eight months of imprisonment by the Busan District Court for interference with business affairs, etc., and completed the execution of the above sentence on July 9, 2017.

[2018 Highest 1392] The Defendant, on March 25, 2018, in the D 1st floor located in Busan Dong-gu, Busan at around 09:00, intended the victim E, who is an employee, and discharged cans from the cooling house.

The victim's hotel business operation was interfered with by force by avoiding the disturbance of about 20 minutes, such as taking out the other employee, taking out the other employee, and taking other guests from the employee and taking a bath.

[2018 Highest 2545] The Defendant, on May 3, 2018, 209:09 around May 3, 2018, 2018, was under the influence of the Defendant, while drinking alcohol with homeless persons on the second floor located in the Busan East-gu, Busan-gu, Busan-do.

He listens to the desire of the victim F(46) who is an elementary school Dong Chang-gu, the victim F(46) that “n't n't feb,” and followed the victim.

The victim's right kn's kn's kn's own kn's own kn's own kn't over the floor at one time, and then the victim divided the kn's body into kn's kn

Summary of Evidence

[2018 Highest 1392]

1. Statement made by the police with regard to E [2018 highest 2545];

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

1. Application of Acts and subordinate statutes to inquiries, such as a report of investigation (before judgment), criminal history, reply to inquiries, and reports on investigation (prior conviction and confirmation of repeated crimes);

1. Relevant Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime (elective of imprisonment) and Article 314 of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have a history of criminal punishment for multiple times as violent crimes; the Defendant was sentenced to imprisonment by obstruction of business, etc. and committed the instant crime again during the period of repeated crimes; and the motive, background, degree of damage, etc. of the instant crime shall be considered and determined as per Disposition.

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