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(영문) 대전지방법원 천안지원 2015.02.12 2015고단67

업무방해등

Text

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

Reasons

Punishment of the crime

1. Around 06:00 on September 6, 2014, the Defendant obstructed the victim’s convenience store business by force, such as: (a) the Defendant: (b) finds a place under the influence of alcohol by the victim D, and (c) took a bath to the victim, such as “salk and homicide”; (d) preventing the victim from entering the victim, by threatening him/her to sprinking him/her, and threatening him/her to sprink his/her drinking, and threatening him/her to sprink him/her; and (e) obstructing the victim’s convenience store business by force.

In addition, from that to December 25, 2014, the Defendant interfered with the victims' work by force against 11 total victims, such as the list of crimes in the attached list of crimes.

2. 협박 피고인은 2014. 11. 중순 05:00경 아산시 F건물 앞에서 술에 취해 소주병을 깨고 노상방뇨를 하다가 피해자 G(여, 41세)으로부터 이를 제지당하자 피해자에게 “이 씨팔년 너 그냥 안놔둬”라는 등 욕설을 하고 피해자의 얼굴을 향해 주먹을 쥐고 흔들어 마치 위해를 가할 듯이 행동하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, I, J, G, K, L, M, N,O, P, D, Q, and R;

1. The department related to the reporting of the 112 case, each 112 reported case handling table, CCTV photographic data, each photographic data, and the application of statutes;

1. Article 314 (1) and Article 283 (1) of the Criminal Act and the choice of punishment for the crime, Articles 314 (1) and 283 (1) of the Criminal Act

1. From among concurrent crimes, there are favorable circumstances such as the fact that the defendant's mistake was divided for the reason of sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and that some victims have agreed with each other. However, even though there has already been a history of punishment for the same kind of crime, and there has been a record of being subject to suspended execution, and again, the crime of this case has been repeatedly committed in light of the applicable law, place, time, circumstance, frequency, etc. of the crime of this case, the nature of the crime is poor, and other records and arguments are revealed.