업무방해
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
[criminal records] The defendant was sentenced to two years of suspended sentence for a violation of official duties by the Incheon District Court on April 29, 2016, and the judgment became final and conclusive on May 10, 2016, and is currently under suspended sentence.
[2] In the past, the Defendant, while drinking alcohol to the victim C’s convenience store in Jung-gu Incheon Metropolitan City and drinking alcohol to other customers, demanded the victim to sell alcohol to the victim at the above convenience store around December 26, 2016. However, the victim, who is likely to avoid the disturbance, refused the Defendant’s demand, thereby hindering the victim’s business of convenience store by force, such as obstructing him/her from going to enter the above convenience store by drinking alcohol on the floor of the above convenience store for about 50 minutes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes for reporting internal accidents;
1. Relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, reasons [the scope of recommending punishment] for sentencing of punishment of imprisonment [the scope of recommending punishment], the mitigation area (one to eight months) [the person who has been specially mitigated] [the person who has been sentenced to punishment] is not sentenced to punishment [the person who has been sentenced to imprisonment for four months], and the defendant's mistake is recognized and reflected against him/her, and the matters agreed with the victim are favorable circumstances.
However, it is a crime during the period of probation.
Two times of suspended execution, and five times of fine, respectively.
The Defendant continues to repeat crimes such as violence, interference with the performance of official duties, interference with duties, etc.
The defendant is receiving medical treatment for alcohol remaining after alcohol;
However, there is a need to improve the character and conduct by being isolated from society for a certain period of time.
Since it is judged, imprisonment is sentenced.