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(영문) 수원지방법원 2018.10.04 2018고단634

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 19:50 on January 21, 2018, the Defendant, without any reason, expressed a bath to the restaurant customers at the E restaurant operated by the victim D in Yongsan-si, Osan-si, with the larger interest of “Seman fri,” and expressed the victim’s desire to read “Seman h, h, and h, for the same year.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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

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

1. In light of the details and contents of the instant crime, the Defendant’s previous conviction and family relation, etc., there is a habit that helps the Defendant drink alcohol in light of Article 62-2 of the Criminal Act, Articles 44-2 and 2-3 of the Medical Care and Custody Act (the details and contents thereof, and the Defendant’s criminal records and family relations);

The reason for sentencing is also recognized, and there is also the need to receive the risk of recidivism and the outpatient treatment.

1. Where the application of the sentencing criteria [the scope of the recommended punishment] interference with the duties of the class 1 (Interference with Duties) (one month to eight months) of the mitigation area (special mitigation person], the degree of threat of force, deceptive scheme, or the degree of interference with duties is insignificant;

2. In full view of the following factors: (a) the degree of interference with the decision-making process of the sentence is relatively minor; (b) the Defendant’s alcohol dependence disorder appears to have affected the instant crime; and (c) the Defendant’s self-treatment is being performed; and (d) the Defendant’s age, sex, family relationship, family environment, motive and means of the instant crime; and (c) the sentencing conditions specified in the instant trial process are determined as ordered.