beta
(영문) 전주지방법원 2016.02.18 2015고단2169

업무방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to four months of imprisonment by the Jeonju District Court on May 15, 2014, and completed the execution of the sentence in the Jeonju prison on July 26, 2014. On March 27, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the same court on March 27, 2015 and completed the execution of the sentence in the Jeonju prison on August 9, 2015.

【Criminal facts】 From September 21, 2015 to September 19:40 of the same day, the Defendant: (a) from the point of “E” of the victim D’s operation in Seongdong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the point of “E”; and (b) on the ground that the victim does not sell the alcohol, whether the Defendant would not sell the alcohol.

The phrase "spits or spits the floor, taking a bath, etc. on the floor with the sound so that the disturbance was spited."

The F et al. interfered with the operation of the victim's main points by force by making customers, such as F, leave the above main points.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to F;

1. A criminal investigation report (19-20 pages of evidence), a criminal investigation report (the telephone investigation);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, personal identification and acceptance status Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. One month to ten years from the scope of applicable sentences under law; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] and the scope of the aggravated area (one year to three years and six months) (the person subject to special aggravated punishment] of the same type of repeated crime.

3. A favorable circumstance is recognized, such as the fact that the Defendant recognized the instant crime and appears to have repented, and that the Defendant appears to have many difficulties in growing the growth process, such as leaving an elementary school and leaving the school properly, and that the Defendant is the most most likely to support the wife and children.

However, the nature of the crime of this case and the circumstances of the crime are not very good, and it is not agreed with the victim.