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(영문) 대구지방법원 서부지원 2018.07.05 2017고단2517

업무방해

Text

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

Reasons

Punishment of the crime

From around 01:00 on September 2, 2017 to 01:30 on the same day, the Defendant: (a) provided entertainment points in the name of “D” operated by the injured party C; (b) did not pay the drinking value in advance to the injured party’s wife so that the injured party’s wife did not collect beer, etc.; (c) provided the victim’s wife “A, C, and C,” and took a bath to the victim’s wife; and (d) throw away the tables in his hand, she throwed away the tables, which had been located at the seat of the injured party; and (e) prevented customers from entering the said main place, thereby hindering the injured party’s business operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report of investigation ( telephone call with victim C);

1. The circumstances that are favorable to the reasons for sentencing a sentence of imprisonment: the defendant is against the time of committing the instant crime; the defendant committed the instant crime even though he/she was under suspension of execution due to the obstruction of performance of official duties; the defendant committed the instant crime; there are many kinds of punishments, such as obstruction of duties, violation of the Punishment of Violences, etc. Act, injury, assault, etc.; and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime; circumstances after committing the instant crime; and family relationship, etc.; and the sentence should be determined as ordered by the disposition, comprehensively taking into account all the factors such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime;