(영문) 인천지방법원 2019.06.14 2019고단2460

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(영문) 인천지방법원 2019.06.14 2019고단2460

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

On April 13, 2019, from around 20:00 to 23:53 of the same day, the Defendant: “D” restaurant operated by the victim C (the age of 51) in Jung-gu Incheon, Jung-gu; “D”; under the influence of alcohol, the Defendant interfered with the victim’s restaurant business by force for about four hours, and openly insulting the victim at the same time as the victim’s restaurant under the influence of drinking alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Grounds for sentencing under Article 314 (1) of the Criminal Act and Article 314 of the same Act applicable to the relevant criminal facts;

1. The range of recommending punishment according to the sentencing criteria (the scope of recommending punishment) and the scope of recommending punishment [the scope of recommending punishment] shall interfere with the business, and the area of mitigation (one month to eight months) (special mitigation) shall not be subject to punishment;

2. The Defendant appears to have led to the confession of crimes and reflect his mistake.

The victim shall not want the punishment of the defendant in consultation with the victim.

However, the Defendant had a record of being punished by a fine by committing a crime of assault, insult, etc. against the victim several times, and in particular, in the Incheon District Court, on March 28, 2019, imposed a two-year suspended sentence of imprisonment with labor for the same victim due to the crime of interference with business, etc. on the same victim, but it was sentenced to a two-year suspended sentence for the same victim, and it is not good that the Defendant committed the instant crime again.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

Public Prosecution Rejection Parts

1. The Defendant in this part of the facts charged is the Defendant.

참조조문

-형법 제314조 제1항

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