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(영문) 대구지방법원 김천지원 2017.02.16 2016고단948

업무방해등

Text

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

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor due to interference with business in the Daegu District Court Kimcheon Branch, and completed the execution of the sentence on August 20, 2015.

around 18:00 on March 6, 2016, the Defendant sought to drink while drinking alcohol to the victim D (Woo, 67 years of age) in Kimcheon-si, Kimcheon-si, with drinking alcohol. However, on the ground that the victim was unable to enter the restaurant, he/she was suffering from drinking alcohol, and laid down the kimchi franchi in the restaurant on the floor of the restaurant, and laid down the franchi franchi in the victim’s “baking year,” and prevented funeral services.

The cafeteria, which is a cafeteria, has interfered with the victim's restaurant business by force by putting about 40 minutes of the cafeteria, such as the car of the cafeteria, etc.

On August 10, 2016, the Defendant: (a) around 03:35 on August 10, 2016, 2016, around Kimcheon-si: (b) on the front way of “G” in Kimcheon-si F, the Defendant was under the influence of alcohol, and (c) on the part of “G”, such as that, under the influence of alcohol, the victim’s face cannot be known to the victim, and the victim’s body cannot be known to the victim.

Summary of Evidence

"2016 Highest 948"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of I;

1. On-site photographs " 2016 Highest 1442";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A photograph of the upper part of the body;

1. On-site report (on-site CCTV screen and video CD-raising), investigation report (on-site photographs attached thereto), and investigation report (on-site previous records of judgment);

1. References to inquiries, such as criminal history, reports on investigation (Attachment to decisions, etc. related to suspect repeated crimes), and application of Acts and subordinate statutes on personal identification and acceptance status;

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each of the crimes in its holding)

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury) of the same Act;

1. Legal provisions;