(영문) 부산지방법원 동부지원 2020.04.22 2019고단2262

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자간(%)

(영문) 부산지방법원 동부지원 2020.04.22 2019고단2262

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 27, 2019, at around 04:00, the Defendant ordered a beer and bet, etc. equivalent to KRW 70,00,00 within the “Duds” operated by the victim C in Busan Shipping Daegu B, and took it thereafter, and requested the victim and his/her employee to pay for alcoholic beverages and food, and expressed his/her bit of “a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site investigation reports;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim C telephone statements);

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

1. Article 62 (1) of the Criminal Act;

1. There is a high possibility of criticism for the Defendant again committing the instant crime during the period of probation, community service order, and lecture attendance order under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, Etc., which has the record of several times the reason for sentencing.

However, it appears that the defendant recognized a mistake and reflects the fact that the defendant supports the mother suffering from dementia, that the defendant agreed smoothly with the victim, that the defendant's probation ordered in the previous suspended sentence decision seems to have been performed in a relatively faithful manner, and that alcohol dependence appears to have been the cause of the occurrence of the instant case, giving the defendant an opportunity for rehabilitation on the condition that the main entrance and alcohol consumption restriction, etc. can be seen as one way for prompt rehabilitation, and all other factors shown in the records and arguments of the instant case are comprehensively considered.

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