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(영문) 대구지방법원 2019.03.28 2018고단4583

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to four months of imprisonment for a crime of assault at the Daegu District Court on April 3, 2018 and served on July 31, 2018 as a person who had been punished for the same crime, including the completion of the enforcement of the sentence in the Daegu Prison on July 31, 2018.

[criminal facts] On September 28, 2018, at around 23:05, the Defendant avoided disturbance, such as “D convenience stores,” where the victim C was an employee, who purchased the tenant and took a bath to the victim during the period of drinking alcohol before the convenience store, without any specific reason, while drinking out the tenant, and collecting plastic boxes outside the convenience store. On the same day, at around 23:40 on the same day, the Defendant again threatened the victim with the said convenience store, such as gathering plastic boxes, which the victim was placed in the capacity of the victim, and then interfered with the victim’s business during the said convenience store at around 23:50 on the same day, and again arranged the victim by force during the said convenience store at around 3:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (the confirmation of crimes during the latest five years period and repeated crimes against the defendant), and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 314 (1) of the Criminal Act applicable to the crimes;

1. On the grounds of sentencing under Article 35 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, among repeated crimes, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances are the confession of facts of crime, and there is an agreement with the victim.