beta
(영문) 인천지방법원 2018.05.03 2018고단1838

업무방해

Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On March 15, 2018, the Defendant was sentenced to one year of suspension of execution and a fine of 100,000 won in six months of imprisonment by obstructing the execution of official duties in this court, and the judgment became final and conclusive on the 26th of the same month.

[2] On February 27, 2018, the Defendant: (a) returned the body towards female customers by drinking at the Fjuk point of the victim E’s operation in Nam-gu Incheon Metropolitan City, Nam-gu around 22:50; (b) continued to look back to the body of female customers; and (c) walked with a trial cost; and (d) took a sit together with the victim and his employee G, who is the owner of the business.

It was difficult to avoid disturbance for one hour, such as taking or taking a bath.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Previous convictions: References to inquiries, application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act (in the case of subsequent concurrent crimes, not applying the sentencing criteria) of the Order to Attend a course, the seriousness of alcohol dependence, and the habition of the previous marcing, in consideration of the reasons for sentencing under Article 62-2 of the Order to Attend a course, it is difficult to take effect as the suppression of recidivism,

shall be deemed to have been.

However, in light of the degree of interference with duties, the victim's penalty is not available, and the attorney's guidance, it is considered that the treatment within a prudent society is appropriate rather than the custody of the counsel.

The punishment for two months shall be determined by imprisonment within the scope of the recommended punishment, but the execution of the sentence shall be suspended for one year on condition that an order to attend the course to prevent recidivism is issued.