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(영문) 대구지방법원 김천지원 2016.11.03 2016고단847

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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. On February 13, 2016, the Defendant committed the crime: (a) around 16:00 on February 13, 2016, the Defendant interfered with the victim’s restaurant business by force for about 30 minutes, with the following: (b) around February 13, 2016: (c) the Defendant was under the influence of alcohol in the “ D cafeteria” operated by the victim C (A), and “C Maurius, A” from the victim: (a) the victim sees the horses; (b) the victim sees the horses, “C Maurler, I, and I,” and (c) the victim’s restaurant business.

2. On February 16, 2016, the Defendant: (a) around 18:55 on February 16, 2016, the Defendant: (b) in the Gu, Si, Gu, Si, Gu, G (n, 56 years old); (c) under the influence of alcohol in the presence of customers I, etc., the Defendant expressed that “I promptly pay the food value and I am at home”; and (d) the victim expressed that “I am at home, I am, I am, I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am. am., I am., I am., I am., I am. am.......

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and C

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, 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 main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the probation and community service order;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. The application of the sentencing criteria (the determination of types) shall interfere with functions; and