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(영문) 대구지방법원 김천지원 2019.08.21 2019고단545

업무방해

Text

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

On April 3, 2019, from around 04:30 to around 06:57 of the same day, the Defendant expressed to customers “D” at the main point of “D” operated by the victim C (the age of 47) in Gumisisi from around 04:30 on April 3, 2019, without any particular reason, the Defendant expressed to the customers “Isk for Calsia, Dalsia, Isia, his father, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, and s

Accordingly, the Defendant interfered with the victim's bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (referring to two photographs attached thereto);

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

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 for probation and order to provide community service or attend lectures;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types of punishment] according to the sentencing guidelines: [Type 1] There is no interference with business [the scope of recommendation field and recommendation range] [the scope of recommendation field and recommendation range] basic area], there is no person who has been sentenced to imprisonment for six months through one year and six months [the grounds for suspension of execution] [the grounds for suspension of execution] - A person who has been sentenced to suspended execution on at least two occasions and has no effort to recover damage.

3. Determination of sentence: There are many criminal records that have committed a crime under drinking, such as imprisonment for eight months, suspension of execution for two years, suspension of drinking, obstruction of business, damage to property, etc.;

The same applies to this case.

Until now, the sentence of imprisonment is chosen in consideration of the repetition of similar mistakes.

However, it seems that the defendant's ordinary psychological condition and wrong drinking habits were combined with that of the defendant, and the defendant seems to have caused the above results, there is a sound sense and coercion that he could not act as a funeral.