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(영문) 인천지방법원 2019.02.14 2018고단2733

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 01:50 on December 13, 2016, the Defendant, while drinking alcohol together with his name in Michuhol-gu Incheon Metropolitan City “C”, escaped by the winners of the above name, and the victim D (the 63 years old) who is an employee of the Defendant demanded the payment of the drinking value, and caused the victim’s satis to die.” The Defendant satisfing the head of the victim D by sating the head of the victim D and sating the victim D’s face. The Defendant satfing the satisfing of the satisfic disease, sating the sat, which is a dangerous object, and satisfing the sat of the victim D’s satch, and satisfing the sat.

Accordingly, the Defendant, carrying dangerous articles, assaultsd the victim D, and obstructed the victim E restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of E and D;

1. Application of the Acts and subordinate statutes to the scene of crime, photographs of criminal tools, and damaged photographs;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 314 (1) of the Criminal Act (a point of interference with business) and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of types), violent crimes, assault crimes, and Type 6 (Special Violence) (Extent of Recommendation), imprisonment for six months to one year (basic area);

(b) Concurrent crimes (determination of types of punishment), interference with business, and interference with business (Scope of recommending punishment): Six months of imprisonment to one year and six months;

(c) Criteria for handling multiple crimes: Six months from six months to two years (six months from the lower limit of the scope of sentence for basic crimes, and six months from the upper limit of the scope of sentence, while the upper limit is one year and ten months from the upper limit of the scope of sentence for basic crimes, nine months from the upper limit of the scope of sentence for concurrent crimes);

3. Determination of sentence: Imprisonment with prison labor for six months, the victims suffered from each of the crimes of this case.