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(영문) 수원지방법원 2017.09.14 2017고단1553
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 11, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of eight months by interfering with his/her duties, etc. on the grounds of interference with the duties by the Suwon Franchisor, and on August 13, 2014, the Defendant was sentenced to six months by imprisonment for injury, etc. in the same court. On November 24, 2014, the execution of the sentence was terminated at the Suwon Nan detention Center.

[Criminal facts]

1. On March 13, 2017, from around 15:24 to around 15:27 of the same day, the Defendant interfered with the business of the victimized person for three minutes by force by preventing the entry of the said marina by avoiding the column, such as putting off the column and returning to the area surrounding the Kacter, while leaving the Kacter, from entering the said marina.

2. On March 13, 2017, from around 15:30 to 15:40 the same day, the Defendant obstructed the victim’s restaurant business by force by preventing customers, who were entering the said restaurant, from entering the said restaurant by getting out of the disturbance, such as passing off, and passing off, in the “H” restaurant operated by the victim G in the Gyeonggi-si F in Suwon-si, which was operated by the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Photographs;

1. A criminal investigation report (CCTV image reproduction report);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (prior convictions in disposition and confirmation), investigation report (Attachment of personal confinement status), and statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (a point of interference with business) and the selection of imprisonment for a crime;

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

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

1. Application of the sentencing criteria;

(a) Class 1 Crimes [Scope of Recommendations] Crimes (Interference with Duties) and Class 1 Crimes (Interference with Duties) (1 to 8 Month) (Special Mitigation (Aggravated Reduction)] Punishment Non-members of the same kind of repeated crime;

B. Class 2 Crimes [Scope of Recommendation] Crimes (Interference with Duties) and Class 1 (Interference with Duties) (1-8 months) (Special Reduction (Aggravated Reduction)) (Aggravated Reduction), Non-Punishment / A majority of repeated crimes of the same kind.

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