beta
(영문) 광주지방법원 2017.11.10 2017고단4122

업무방해

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[criminal history] On December 22, 2016, the Defendant was sentenced to six months of imprisonment by the Gwangju District Court for interference with business affairs, etc., and completed the execution of the sentence in the Gwangju District Court on March 30, 2017.

[2] On July 26, 2017, at around 03:10 on July 26, 2017, the Defendant ordered the victim to drink at the “D’s main point of the Victim C’s Operation in Gwangju-dong-gu, Gwangju-gu, but the victim rejected it without being ordered to complete the business and receive any additional order. The Defendant: (a) provided the victim with the view that “for the victim,” “for the day from the day from the day from the day from the day from the day from which the business was finished, the day from the day from the day from the day from the day from the day, the day from the day from the day from the day, the day from the day from the day, the day from the day from the day, the day from the day from the day, the day from the day, the day from the day, the day from the day from which the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A photograph of a CCTV course;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, (A) a criminal investigation report (verification of the records of the same type of crime - a judgment, attachment of a summary order), 23 copies of the judgment, 5 copies of the summary order, and the application of Acts and subordinate statutes on acceptance

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. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria [the scope of the recommended punishment] and the scope of the mitigated punishment (one month to eight months) [the person who has been specially mitigated or specially aggravated] / The non-permanent offender of the same kind of repeated crime (including serious efforts to recover damage);

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The injured party shall not want the punishment of the defendant under agreement with the defendant.

A disadvantageous condition: The defendant shall use violent language to the victim on a new wall.