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(영문) 대구지방법원 상주지원 2013.11.05 2013고단226

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 1, 2013, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as taking a bath to customers for about two hours under the influence of alcohol at the E-cafeteria operated by the victim D, the victim D, who was in the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, around 05:30 and around 07:30.

2. From around 06:00 to 08:00 on May 12, 2013, the Defendant obstructed the victim’s restaurant business by force by avoiding the disturbance for about two hours, such as “I am hye and hye and hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hum

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to D and F

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

1. Although the decision of the sentence was made for the last five years, the defendant was detained as a crime of obstruction of performance of official duties during the period of punishment for the crime of obstruction of business and the suspended execution due to the crime of obstruction of performance of official duties, even though he had the record of being sentenced to a fine, again committed the two-time crimes in this case, and the risk of repeating the crime is deemed to exist. Thus, each of the choice of imprisonment [the defendant is deemed to have been under the influence of alcohol at the time of each crime, but it cannot be deemed that the defendant did not have the ability to discern things or make decisions, Article 10

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (which has agreed with the victim, and there is no record of punishment exceeding the fine due to the same crime);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;