업무방해등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On January 19, 2017, the Defendant was sentenced to two years of suspension of execution on August 27, 2017 by the Cheongju District Court for obstruction of business, etc., and the said judgment became final and conclusive on January 27, 2017, and is currently under suspension of execution.
On November 20, 2017, at around 02:25, the Defendant: (a) did not pay the drinking value at the main point of “D” operated by the Victim C, which is located in Cheongju City, and the Defendant demanded that the victim stop the front of the Defendant and pay the drinking value, and thereby, the Defendant interfered with the victim’s main business by force, such as: (b) assaulting the victim, referring to “no money; (c) raising the police; (d) raising the victim’s neck while standing the police; and (e) raising drinking alcohol; and (e) making the customers entering the main place by avoiding the disturbance between approximately 20 minutes of drinking; and (e) obstructing the victim’s main business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Video CDs;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (limited to the period of suspension of the same kind of suspect execution);
1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 260(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;
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, as the punishment for concurrent crimes;
1. The scope of applicable sentences: Imprisonment for one to seven months;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes 1 (Obstruction of Duties) (Scope of Recommendation) and obstruction of duties; Type 1 (Obstruction of Duties) (Interference with 6 months to 1 June);
(b) Two-month crimes (Scope of recommended punishment) and the basic area (from February to October) of the crimes of assault;
(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;
3. Determination of sentence: The defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. are committed, in the above circumstances, even though there are many criminal records, and even though the period of suspension of execution was under suspension of execution for the same kind of criminal records: