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(영문) 대구지방법원 서부지원 2018.05.31 2017고단2383

업무방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Special assaulting the Defendant, at around 00:30 on September 24, 2017, performed mixed alcohol in “C” located in Seogugu-gu, Daegu, Daegu, and was drinking alcohol at that place.

The victim D(57) and singing, who is not known, were fluent, and the empty beer's disease, which is a dangerous object on the table, was collected from the victim and assaulted in line with the body of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On September 24, 2017, from around 00:30 to 01:00, the Defendant: “C” operated by the Victim E (63 tax) located in Daegu Seo-gu, Seo-gu (hereinafter “C”); as seen above, the Defendant: (a) took a bath to customers; and (b) prevented the victims from taking advantage of his/her behavior; and (c) prevents the victims from taking advantage of his/her behavior.

“In doing a bath, two tables, which are placed in the place, were cut back by hand, and the beer’s disease was collected, so that customers are able to leave the place and enter the place, so that customers may not enter.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes to the scene and damage situations;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The degree of tangible force used by the victim, such as assaulting the victim with beer who is a dangerous object, tamping, obstructing the operation of the main office, etc., is not easy, and even though there are many records of punishment including the same crime, it is favorable that the defendant committed the crime of this case again: The defendant is against the time of committing the crime of this case, and the crime of interference with duties is committed.