beta
(영문) 대구지방법원 김천지원 2018.08.16 2018고단258

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 14, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor due to interference with business affairs in the Daegu District Court Kimcheon Branch on December 16, 2017 and completed the execution of the sentence in the Daegu Prison on December 16, 2017.

On February 16, 2018, the Defendant: (a) around 21:44, at the “E cafeteria” operated by the victim D (n, 46 years old); (b) expressed the victim’s husband F, who was working at the restaurant without a clear reason while drinking alcohol, and expressed the victim’s husband F, who was working at the restaurant; and (c) threatened the victim with F by putting him/her on his/her hand after having his/her son; and (d) expressed his/her son’s son’s fat; and (c) tried to kill the victim’s fat, who was the Defendant’s fat; and (d) tried to fat down his/her fat, who was the victim.

Along to approximately 22 minutes of pedagogs, she interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Obstruction of investigation reports;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, reporting on the results of confirmation of the absence of disposition, and reporting on investigation (verification of the same kind of power and repeated crime);

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

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

1. Persons subject to special sentencing in basic areas (from June to June) of the scope of the sentencing guidelines for the recommendation of the sentencing guidelines: Reduction factors (unlimited to punishment), aggravation factors (limited to the same type of repeated offense); and

2. The sentence shall be determined as ordered by taking into account all the circumstances, including the following: (a) the defendant who has been punished 34 times, including six times a sentence for a crime of violence such as interference with his/her duties; (b) the recidivism has not yet passed since the execution of the sentence was completed due to interference with his/her duties; (c) the victim does not want the punishment of the defendant by agreement with the victim; (d) the victim suffers from alcohol dependence after alcohol dependence; (e) the victim suffers from mental disorder; and (e) the character, conduct