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(영문) 대전지방법원 천안지원 2017.05.25 2017고단479
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From January 5, 2017 to January 23:0 on January 5, 2017, the Defendant interfered with the victim's restaurant business by force by force, such as the Defendant’s 'E operated by the victim D in Yong-gu, Nam-gu, Nam-gu, Seoul, by drinking within the main point of the ‘E' operated by the victim D, who was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of crimes;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] interference with the affairs of the sentencing [the scope of recommending punishment] the mitigated area (one month to eight months), [the person subject to special mitigation] [including efforts to recover damage] unfavorable: there has been a history of criminal punishment for violent crimes already committed several times, and there is a history of criminal punishment for a crime committed by interference with duties, and even if there is a history of criminal punishment for a crime committed by interference with duties, it is favorable that the defendant has repeatedly committed the same kind of crime: The defendant is recognized by mistake, the fact that the defendant has agreed with the victim, the defendant has no history of criminal punishment heavier than the fine, and the above circumstances have determined the sentence as ordered by considering the sentencing conditions as shown in the trial process of this case, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and the motive and means of the crime after the crime.

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