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(영문) 인천지방법원 부천지원 2018.11.15 2018고단2369

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 22, 2018, the Defendant: (a) obstructed the Defendant from taking alcohol, etc. in the instant restaurant called “D” with the victim C (n, 52 years of age) in Busan B on August 22, 2018; and (b) prevented the Defendant from taking alcohol, etc. in the instant restaurant; (c) whether the Defendant “I wish to take this outline back; and

Chumping down, a pair of years, humping down, humping off, and acting as one of the several victims with a view to assaulting the floor by raising his hand, etc., which interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to a investigation report (limited to field CCTV and a photograph by cutting down the course);

1. Relevant statutory provisions on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, grounds [the scope of recommending punishment] for sentencing of imprisonment [the scope of recommending punishment], the basic area (from June to one year and six months) (no person subject to special sentencing] (a decision subject to sentencing] unfavorable circumstances: (b) the impact and fear of the victim’s receipt due to the instant crime appears to have considerably increased due to the instant crime.

There was no agreement with the victim.

It is very high that the punishment for similar crimes was committed under the influence of alcohol, and the crime of this case was committed without being aware of even though it was during the period of suspension of execution due to interference with official duties.

The possibility of recidivism is very high.

The favorable circumstances: The mistake is recognized and reflected.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, the means of the crime, the degree of interference with duties, the circumstances after the crime, etc. and the various sentencing conditions shown in the theory of change.