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(영문) 대구지방법원 2018.07.20 2018고단2419

업무방해

Text

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

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to six months of imprisonment with prison labor by the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on October 12, 2017.

On May 16, 2018, the Defendant: (a) entered the C cafeteria located in Daegu-gu, Daegu-gu, on May 16, 2018; (b) made the victim D (hereinafter referred to as 62 years of age) who is an employee of the said cafeteria; (c) made the other customers feel “a fright after the fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant has been punished at least 20 times for the same kind of crime, and that the defendant commits the crime of this case during the period of repeated crime for the same kind of crime, and is sentenced to the penalty.

On the other hand, in consideration of the fact that the defendant reflects his mistake and agreed with the victim, it is decided as per the disposition.