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Reasons
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(영문) 수원지방법원 여주지원 2019.05.24 2018고단1198
업무방해
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A defendant shall be punished by imprisonment for not less than three months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On June 14, 2017, the Defendant sentenced 1 year and 2 months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the branch court of Suwon District Court on June 14, 2017, and completed the execution of the sentence on November 25, 2017.

From December 14, 2018 to 08:30 on December 14, 2018, the Defendant used a knife knife (one knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the defendant interfered with the management of the victim's store by force for about 15 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written statements of D;

1. Statement of D;

1. Investigation report (the case of hearing statements of the first witness);

1. Application of Acts and subordinate statutes to investigation reports (retaliatory and confirmation of repeated crimes), judgments, and current status of confinement for individuals;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Two months to one year from the scope of the recommendation (not subject to punishment);

2. At the time of the determination of the sentence, the fact that the sentence is recognized and reflects, and agreed with the victim, etc., shall be considered in favor of the victim, but the fact that the defendant is a repeated offender, the risk of the form of an act, and the fact that the defendant would have been aware of the fact that such symptoms could have been produced when he takes drugs (Evidence No. 72, 75, 85 pages of evidence record) shall be considered in a disadvantage.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, are considered as ordered.

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