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(영문) 대전지방법원 2020.06.12 2020고단1059
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On June 9, 2017, the Defendant was sentenced to eight months of imprisonment with labor for the crime of interference with business at Daejeon District Court, and completed the execution of the sentence on December 24, 2017.

【Criminal Facts】

The Defendant, from around 00:40 on March 7, 2020 to around 01:25 on the same day, was under the influence of alcohol in Seo-gu Daejeon, and was able to take the beer in front of the calculation unit and take the arms of the customers who found the above convenience points, and went out by the police officers dispatched by the report of the victim D (the age of 19) who is an employee, and went out by the police officers, who were called for the victim D(the age of 19), and was able to take the above convenience points to take a large volume of the entrance, and was sprinked with the entrance.

Accordingly, the defendant interfered with the victim's convenience store business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 12 Reported case handling lists and investigation reports;

1. A CCTV-cap photograph and CCTV video CDs;

1. Previous records: Criminal records, investigation reports (verification of records attached to judgments and records of criminal records), judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of punishment] of the recommended punishment according to the sentencing guidelines] interference with the affairs [the category 1] interference with the affairs [the elements of mitigation of punishment (including a person who has made serious efforts to recover damage): Reduction area of the same repeated crime [the scope of the recommended area and the recommended punishment] reduced area, and one month through August.

3. Determination of sentence: The circumstances favorable to the defendant shall be recognized, such as that the defendant commits a misunderstanding in four months of imprisonment in depth and the victim does not want the punishment of the defendant;

However, the crime of this case was committed by the police officer who was dispatched after receiving 112 reports on the failure at the convenience store of this case, but the convenience store of this case was found.

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