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(영문) 대구지방법원 포항지원 2018.01.10 2017고단1437
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 3, 2017, the Defendant was managed by C by his employee as the damaged person in South-gu B at the time of port of port on November 3, 2017.

D In the convenience store, the victim does not want to bring water to the victim under the influence of alcohol.

The victim interfered with the victim's convenience store business by force by avoiding the disturbance between about 20 minutes, such as "a great sound and a great desire, making customers in the convenience store available and preventing the victim from operating the convenience store."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on closure photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

The favorable circumstances: The circumstances that are unfavorable to the agreement with the victim: The fact that there are many violence criminal records.

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