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(영문) 대구지방법원 김천지원 2014.08.06 2014고단691

업무방해등

Text

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

Reasons

Punishment of the crime

On September 26, 2012, the Defendant sentenced eight months to imprisonment with labor at the Daegu District Court for the crime of interference with business, and completed the execution of the sentence on April 4, 2013.

1. Around 16:40 on June 25, 2014, the Defendant was drunk in front of the cafeteria “M” restaurant located in the Gumisisi L, and the Defendant was sexually obscenity (50 years old) and sexually obscenity, in which they look back to the body of her body, while viewed that they are under the influence of alcohol in front of the cafeteria “M” restaurant.

2. The Defendant interfered with his duties by force for about 25 minutes, such as the date and time set forth in paragraph (1), and the place set forth in paragraph (1), stating that “act” shall be applied to the victim N in the body of the body of the victim, such as the time and place set forth in paragraph (1), and the victim’s restaurant business was obstructed by force for about 25 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes on internal investigation reports (as to the attachment of field photographs);

1. Relevant Article 314(1) of the Criminal Act, Article 245 of the Criminal Act and Article 314 of the Criminal Act, the choice of punishment for the crime (a point of interference with business), and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of a long-term sum of punishment) committed a number of identical and similar crimes until recently, and in particular, a sentence of punishment is inevitable in light of the fact that the Defendant committed the instant crime during the period of the same repeated offense.

However, in consideration of the agreement with the victim, the favorable circumstances in favor of the reflection, and other circumstances such as the fact that the appellate court is pending in the Daegu District Court due to the same kind of crime, the age, character and conduct of the defendant, and the environment, the punishment as the order shall be determined.