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(영문) 인천지방법원 2018.12.20 2018고단8049
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 31, 2018, the Defendant, who interfered with his/her duties, performed the alcohol on the side table, while drinking alcohol at the main point of the trade name “D” in the operation of Victim C (M, 44 years old) in Seo-gu Incheon, Seo-gu.

In dialogue with E without any special reason, he was able to avoid disturbance for about 10 minutes for other customers who had been drinking in the main place, such as beer's disease, water cup, etc., and having been drinking in the main place.

Accordingly, the defendant interfered with the main operation of the victim by force.

2. The suspect of special injury inflicted bodily injury on the victim by cutting the victim E (the victim E, 46 years of age), cutting the victim's neck by hand, cutting the victim's cryp, cutting the victim's cryp, collecting beer disease, which is a dangerous thing, toward the head of the victimized person, and exposing the head of the victim's head, without any special reason, at the time and place of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant legal provisions of the Criminal Act, Articles 258-2, 257 (1) of the Criminal Act (the point of special injury) and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment: Imprisonment with prison labor for not less than six months but not more than seven years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes [Determinations of types] Disturbing Business Disturbing Crimes and Disturbing Business Disturbing (Special Sentencings Sentencings): Reductions: Imprisonment with prison labor for one month from one month to eight months (Mitigation of Reduction);

(b) Scope of modified recommendations: Imprisonment with prison labor for not less than one month (the recommended punishment is due to special injury crimes in the holding that the sentencing criteria are not set.

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