beta
(영문) 인천지방법원 부천지원 2016.06.02 2016고단187

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2015, at around 14:30, the Defendant obstructed the victim’s restaurant business by force, such as “E” in the “E” restaurant operated by the victim D, which is located in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant: (a) bread the victim’s restaurant business.

2. On April 1, 2016, the Defendant: (a) around 13:45 on April 1, 2016, drinking alcohol together with the victim H (5 years of age) who francing in the “G” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; and (b) drinkingly, the Defendant franced the victim’s inside of the victim, and carried out the franc with the number of days of treatment by drinking three times.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of H (Attachment 1 of Table 2016 at the top 738 at the top 1);

1. A criminal investigation report (Attachment 15 of Table 187 of the order of 2016, group):

1. Application of Acts and subordinate statutes (Attachment 2, 2016, group 738, group 738);

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257 of the Criminal Act, and the choice of imprisonment, respectively, for the 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. The circumstances in which the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, and Article 62-2 of the Act on the Protection, etc. of and Article 59 are favorable (a confession, reflectivity, absence of any criminal record of stay of execution or more, contingent crimes, victim D's prior action in the state of exploitation), unfavorable circumstances (abstinence and two times before and after the obstruction of duties and several times after the obstruction of duties, but at the same time the nature of each of the crimes of this case is not good, and it is likely that the crime may be committed again in the same or similar crime if the defendant's instruction and management of drinking habits and behavior is not performed) and other sentencing factors in this case, including the defendant's age, sex, living environment, conditions after the crime, etc., shall