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(영문) 전주지방법원 정읍지원 2019.08.13 2018고단400
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for the crime of injury in the Jeonju District Court's branch court's branch court's branch court's support on February 2, 201

【Criminal Facts】

The defendant is between the victim B (the age of 43) and the friendship.

1. On August 25, 2018, at around 22:00, the Defendant interfered with the business of the victim by force of ten minutes, such as, in the state of drinking at “D” main points operated by the said victim, the Defendant: (a) opened a seat where customers drink alcohol at the said main points; (b) opened a seat where customers drink alcohol at the said main points; and (c) opened a large amount to customers; and (d) made customers go at the said main points; and (c) obstructed the operation of the victim’s main points by force.

2. At the time and place set forth in the above paragraph 1 above, the injured Defendant saw the Defendant and attempted to talk out of the above main point, and suffered bodily injury on the part of a child requiring approximately two weeks of medical treatment by leaving the victim a drinking face one time, without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, Articles 314(1) of the Criminal Act and the choice of imprisonment, respectively;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that provided for in the crime of aggravated injury) were led to confessions, reflects, and is not visible, one side of the parties does not seem to be healthy, such as being receiving tuberculosis and the treatment of early illness, and the victim submitted a written agreement without being repaid for damage on the ground that it is the defendant's friendship.

Even when considering these favorable circumstances, the defendant was punished for several violent crimes, and was guilty of the crime that inflicted an injury upon her friendship while drinking alcohol on February 2, 2017, which was sentenced to a suspended sentence of two years in prison in August 2, 2017, and drinking on March 11, 2018 during the suspended sentence.

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