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(영문) 인천지방법원 부천지원 2017.11.03 2017고단1189
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 5, 2017, at around 05:00, the Defendant issued an order to roasting “E” restaurant operated by the victim D located in Seocheon-si, Seocheon-si, in an amount equivalent to KRW 15,00,00, for roasting one,8,000, for beer and beer, and then opened a card that does not have to be settled when the victim demanded the settlement, and the victim did not pay.

Along with the defect, a police officer who was dispatched after receiving 112 a report, expressed that “I am feasia,” “I amfasia,” thereby obstructing the victim’s restaurant business by force for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on internal investigation (specific details of the victim and the draft of a written statement - E cafeteria);

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the Defendant and his defense counsel on the assertion of mental and physical weakness under Article 62-2 of the Social Service Order Criminal Act

The argument is asserted.

According to the records, although the defendant was deemed to have drinking at the time of the crime of this case, in full view of all the circumstances such as the background of the crime of this case, the details and mode of the crime of this case, the defendant's behavior before and after the crime of this case, etc., the defendant was in a state of lacking the ability or decision making ability to discern things

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

The reason for sentencing [the scope of recommending punishment] The reason for sentencing [the scope of recommending punishment] is that: (a) the mitigated area (one month to eight months) [the person who has been specially mitigated] [including a serious effort to recover damage] [the decision of sentence] unfavorable circumstances: the nature of the crime is not good; (b) the normal circumstances that are favorable to the fact that there are four times the history of punishment for the same kind of crime: recognition of and reflect on the crime;

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