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(영문) 대구지방법원 김천지원 2019.11.27 2019고단1179

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2019, at around 22:30 on August 21, 2019, the Defendant obstructed the victim’s party funeral business by force for about 30 minutes by avoiding disturbance, by taking advantage of the victim C (the age of 46)’s desire to brea customers under the influence of alcohol, and by taking advantage of his/her desire to brea customers, and by taking advantage of his/her customer, the Defendant interfered with the victim’s party funeral business.

2. On August 21, 2019, at around 23:00 on August 21, 2019, the Defendant injured the victim E (the age of 47) who is a customer at the same place, with the victim’s own hand and several times, and the victim sustained the victim’s hand, elbel, face, and face with his/her hand, resulting in the victim’s injury, such as injury to the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Other closure photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article applicable to criminal facts;

(a) Injury: Article 257(1) of the Criminal Act;

(b) Interference with business: Article 314 (1) of the Criminal Act;

1. Selection of penalty: Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Bodily Injury) [Determination of Punishment] and the General Injury [Type 1] and General Bodily Injury (Special Convicts): Reduction element: Minor injury, Non-Mitigation of Punishment (in the sphere of recommendation and the scope of recommendation), Special Mitigation Area, and one month to ten months (no general person of punishment)

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Obstruction of Business (Type 1] - Suspension of Business (Special Punishment) - Reduction element: Non-Mitigation of Punishment [The scope of Recommendation and Recommendation], and one month to eight months [the general person].