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(영문) 대전지방법원홍성지원 2020.12.08 2020고단755
업무방해등
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On June 18, 2020, the Defendant was able to avoid disturbance, such as: (a) 11:00 on June 18, 2020, when △△ cafeteria operated by the Victim C (A, who is 63 years of age) expressed that the Defendant was unable to pay the construction cost required by the Defendant; (b) putting the beer’s disease on the floor; (c) dumping the beer’s cell phone from the floor; and (d) dumping the cell phone of the victim who seeks to report to the police.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. The Defendant, at around 15:15 on June 18, 2020, refused the Defendant’s proposal that the victim D (Nam, 71 years of age) of the customer who was seated on the table, would have to talk with the above C at a place specified in paragraph (1) at around 15:15, 2020, followed the kitchen knife (30cm in length, 19c meters in length) which is a dangerous thing in the above restaurant, and brought the kitchen knife on the part of the victim, and continued to bring the kitchen knife on the part of the victim, and acted as the victim’s knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police records, photographs of each police branch, photographs of seized articles, records of video recording of victims, records of seizure of victims, and records of seizure list with respect to C and D;

1. Relevant Article 314(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment, and the choice of punishment;

1. Grounds for sentencing under Article 48 (1) of the Criminal Act among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and the elements for mitigation of repeated crimes and special intimidation (Special Intimidation) (Special Intimidation): In the area of mitigation of punishment [the area of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], and two months to one year;

(b) Class 2 (Interference with Business).

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