(영문) 대구지방법원 포항지원 2019.06.20 2019고단317

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줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2019.06.20 2019고단317

업무방해

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on February 26, 2019, the Defendant, while under the influence of the victim C (the age of 63) operated in South-gu, Nam-gu, Dong-gu, Sinpo-si, had customers b drink on the table b where they drink, smoked, smoked, and emitted a disturbance. After the victim sawd the entrance out of the Defendant, the Defendant she spited the entrance from the stairs front of the said restaurant, dried the entrance from the locker, dried the sound, and walked the entrance with the entrance, thereby hindering the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 (1) of the Election of Imprisonment or Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing criteria, the scope of offenses interfering with business [Type 1] that there is no interference with business [the scope of recommendation field and recommendation range] [the scope of recommendation field and recommendation range], basic area, and six months to one year and six months.

3. The sentence shall be chosen by taking into account the following circumstances: (a) details and result of the crime of sentencing; (b) failure to reach an agreement with the victim; (c) failure to comply with the performance of official duties; and (d) the criminal records subject to a fine once as a result of the crime of obstruction of performance of official duties; (d) failure to reach an agreement with the victim; and (e) failure to comply with the crime of obstruction of business; (e) failure of the accused to reflect the mistake; and

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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