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(영문) 인천지방법원 2017.09.01 2017고단1880

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2017, at around 23:00, the Defendant, while under the influence of alcohol at “E (E)” operated by the victim D in Namdong-gu Incheon Metropolitan City, the Defendant was unable to avoid disturbance over about 40 minutes, such as pressing the alcohol branch and the misunderstanding on the wall and the bottom, breaking the victim on the wall and the bottom, and breaking the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of investigation report and 112 report;

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the recommended punishment] - Types 1 (Interference with Duties) (person with Special Sentencing) - The elements of mitigation: the source of punishment (including serious efforts to recover damage) / [the scope of the recommended punishment] the area of mitigation [the scope of the recommended punishment] 1 month to 8 months [the person with general sentencing] - The factors of mitigation: the advanced reflect;

2. Whether or not to suspend the execution (main reasons) - positive: Non-performance of punishment (including serious efforts to recover damage) - negative reasons: At least two times, but not less than two times, and positive: Serious reflection;

3. On April 24, 2015, the Defendant has a past record of criminal punishment of 14 times, and has a record of being sentenced to a fine once for the same kind of offense, and the Defendant has a criminal record of four times a criminal record of violent inclinations.

The crime of a defendant is sob that he may interfere with the victim's restaurant business by force under the influence of alcohol, and the nature of the crime is not good in light of the attitude of the crime.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

In agreement with the victim, the injured person does not want to punish the accused.

Defendant is a victim and old.