beta
(영문) 대구지방법원 2020.05.14 2020고단663

업무방해등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:00 on January 23, 2020, the Defendant obstructed the victim’s main business by force by avoiding disturbance for about 40 minutes, and thereby obstructing the victim’s main business by force, while drinking alcohol at D’D No. 5, operated by Cheongdo-gun, Cheongdo-gun, without paying the drinking value.

2. At around 16:45 on the same day as indicated in the above paragraph (1) above, the Defendant heard the horses that “Neman” was sent from F of the police box affiliated with the Cheongdo Police Station Emba, sent to the site after receiving a report that “Neman frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each internal report (as to attach a field photograph), on-site photograph;

1. Application of the police protocol of statement to F;

1. Relevant Articles 314(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act - the time of and against the commission of a crime

- No person shall be punished under an agreement with the victim of interference with work with the victim and the victimized police officer.

- There is no record of exceeding fines and there is no record of punishment after 2011.

In addition, the age, character and conduct, the environment, the motive and background leading to the instant crime, the means and consequence thereof, and the circumstances after the crime, etc., of the instant arguments and the sentencing conditions indicated in the records.