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(영문) 대구지방법원 2017.02.09 2016고단4338
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

around 20:25 on August 2, 2016, the Defendant, “2016 Highest 4338, the Defendant,” for the reason that the victim E (32 taxes) did not request the victim E (32) to cut off, was cut off from the entrance, and was unable to enter the entrance of a guest by putting him/her away from, or her to, his/her clothes, with the intention of escaping from the entrance.

Accordingly, the defendant interfered with the victim's operation by force between about 50 minutes.

On November 12, 2016, the Defendant, around 03:40 on November 12, 2016, at the house of the victim G (n, 54 years of age) located in the F1st, Daegu Northern-gu, Daegu-gu, Seoul-gu, for the reason that the victim did not pay the substitute driving fee on board, was in dispute, and displayed the knife, which is dangerous in the kitchen, on the ground that the victim did not pay the substitute driving fee on the part of the victim, and made intimidation on the part of the victim who was in the kitchen.

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

Summary of Evidence

[2016 Highest 4338]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation and a description of photograph (2016 height group 6529);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. 112 A list of reported cases;

1. Application of the statutes governing knife photographs at the scene of crime;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentence according to the sentencing guidelines - Category 1 (Assaults) 4 (Habitual Offense, Cumulative Offense, Special Intimidation) in the area of mitigation (4 months to 1 year) (including special mitigation persons), the area of punishment not for punishment (including serious efforts to recover damage) or considerable damage is recovered.

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