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(영문) 대구지방법원 2018.11.01 2018고단2210
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. The Defendant who interferes with his/her duties is at the same bit of a bit of bit of a bit of a fluor of a fluor of a fluor of a bit of a fluor of a fluor of a fluor of a fluor of a fluor of a C

"Absing the public bath, booming the table, putting the World Cup on the floor, making it difficult to get off the disturbance by entering the place, thereby interfering with the victim's restaurant business.

2. The Defendant assaulted the victim E (V, 48 years old) who is an employee of the above restaurant at the date, time, at the place specified in paragraph 1, that is, the victim E (M, 48 years old) requested the Defendant to be melted and boomed, thereby having the victim's shoulder damaged one time by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report (related to the on-site CCTV verification);

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes has already been punished several times, and the defendant committed the instant crime without being able to do so during the period of suspension of the execution of imprisonment due to interference with business affairs, etc., and considering the fact that the victim did not reach an agreement with the victims, a sentence of imprisonment with prison labor for the defendant is inevitable.

However, in light of various circumstances shown in the pleadings of this case, such as the confession and reflect of the defendant, the degree of violence is relatively minor, and the defendant's age, sex behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the text.

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