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(영문) 대구지방법원 2017.12.12 2016고단6399
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On November 2, 2016, from around 20:20 to 20:45 on the same day, the Defendant who obstructed the Defendant’s business, on the ground that at the “E” store operated by the victim D, located under the “C” located under Daegu-gu, Daegu-gu, the Defendant: (a) changed the victim to show the Kamerase, and (b) caused the damage to normally operate the Kamerase with the victim’s consent, the Defendant would stop and kill the Kamerase in the Kamerase.

I do not agree.

In order to prevent customers from entering a disturbance, such as causing a large amount of disturbance, thereby obstructing the victim's Kameras sales business by force.

2. The Defendant of the assault is only the victim on the ground that the date, time, place, and the Defendant stated in paragraph 1 said paragraph 1 said that the Defendant would have avoided the disturbance as set forth in paragraph 1, and that the victim F(43) who was another customer, was frightened.

“The batch bat and batling the victim’s bat and batling the victim’s bat.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in F and D are recorded;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of the sum of the long-term amounts of two crimes);

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of the punishment by law] The final sentence according to the aggravation of multiple crimes (the person subject to special mitigation) where the degree of assault is minor (one month to eight months) in the mitigation area (one year and six months) in the basic area (six months to one year and six months), and the basic area (the scope of recommended punishment] (the person subject to special sentencing) (the scope of recommended punishment] under Article 62-2 of the Social Service Order Criminal Act (the person subject to special mitigation) where the degree of assault is minor (the person subject to special mitigation).

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