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(영문) 청주지방법원 2020.05.28 2020고단73
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

At around 10:00 on January 7, 2020, the Defendant, without any justifiable reason, obstructed the victim’s marina operation by force for about 30 minutes, by driving away from a customer who intends to enter a fright, such as “Yeatt fright and feat feat,” to those who are sitting at the entrance of “Dma” operated by Heak-gu B, Shak-gu, Cheongju and drinking alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

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

1. The reason for sentencing under Article 62-2 of the Act on Probation, Medical Treatment and Custody, etc., and Article 44-2 of the Medical Treatment and Custody, etc. Act has a history of having been sentenced several times from 2016 to 2017 as a single crime of crime of the same kind, and in particular, the defendant was detained by being sentenced to three months of imprisonment for the crime of interference with business in 2017 and was detained by the appellate court for three months, but there was a history of being released by being sentenced to a sentence of one year of suspended sentence for three months in the appellate court, but there was no possibility of criticism against the defendant

However, it is desirable to suspend the execution of punishment for the correction of the defendant, and issue probation and medical treatment orders when considering the fact that the defendant's self-regulation is against the crime of this case, the victim does not want punishment against the defendant, and the defendant has the disability of Grade 6 in visual disability.

In addition, the sentencing conditions, such as the age, character and conduct, environment, and circumstances before and after the crime, shall be determined as per the disposition.

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