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(영문) 대구지방법원 2020.08.26 2020고단1442
업무방해등
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

On April 27, 2018, the Defendant was sentenced to imprisonment with prison labor for a special injury by the Daegu District Court for six months, and the said judgment became final and conclusive on May 5, 2018.

Criminal facts

1. Around 08:50 on Jan. 4, 2020, the Defendant assaulted the victim by means of “C” restaurant located in Busan Metropolitan City B, “C” restaurant where the victim D(55 years old) was demanded to be melted by the victim during the course of drinking and drinking alcohol. B, the Defendant assaulted the victim by means of cutting down the table towards the victim, cutting down the part of the victim’s course toward the victim, pushing him/her on the part of the victim, displaying him/her on his/her hand, and displaying him/her against the victim.

2. The Defendant damaged property damage: (a) at the time, place, as described in paragraph (1), the victim E-owned market value equivalent to KRW 277,00,00, which is the victim E, who is a cafeteria, who is a captain of a c's restaurant, laid down a breable B B B, and laid the cumb.

3. The Defendant interfered with his duties by force, such as: (a) the date and time, place, in a place specified in paragraph (1) of this Article; (b) the Defendant 10 minutes of the victim E restaurant business by force, where the Defendant 10 minutes of the 10-minutes of the boomed the table boom by cutting off the table boom by means of cutting down the table boom, throwing the chair, and throwing out the boom.

Summary of Evidence

1. Before the defendant's legal statement E and written statements of written statements of written statements (with respect to interference with affairs, damage to property, assault photographs), investigation report (Attachment to a suspect's mind and diagnosis), investigation report (Attachment to a written statement attached to a written statement): The results of inquiry, investigation report (Attachment to a written statement attached to a written statement during the period of suspension of the execution of the same kind), and the application of Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the probation and community service order.

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