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(영문) 전주지방법원 군산지원 2018.07.04 2018고단98
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal records] On July 15, 2016, the Defendant was sentenced to six months of imprisonment at the Seosan Branch of the Daejeon District Court, and completed the execution of the sentence at the Daejeon Prison on December 3, 2016.

[2] On January 26, 2018, at around 02:00, the Defendant, under the influence of the victim D in the “E” restaurant managed by the victim D in the North Gunn City of North Korea on January 26, 2018, made the victim more alcohol, but, on the grounds that the victim would be willing to refuse it and to return home. The Defendant: (a) held the deposit of drinking water 2-3 times; (b) held the deposit of drinking water on a hand; and (c) putting the salt into drinking water; and (d) took the victim’s desire to “Chminse” and “Chminse,” and obstructed the victim’s restaurant management work by force by avoiding disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Previous convictions in judgment: Inquiry into criminal records and criminal investigation records, investigation reports (verification of criminal records of the same kind of crime - attachment of judgment, etc. - Attachment of judgment, etc. - Application of ten copies of judgment, copies of summary order 8 copies of judgment

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] interference with the affairs of Article 35 of the Criminal Act [the scope of recommending punishment] Article 1 type (Interference with Business) [1 month-8 months] [the person who is subject to special mitigation]] / The defendant continuously repeats the same type of crime. In particular, considering the fact that the defendant was first punished by a fine because he again committed a crime such as interference with business during the period of repeated crime due to the same crime, it is inevitable to pronounce a sentence in consideration of the fact that he again committed the crime of this case.

However, considering the favorable circumstances of the defendant, such as the fact that the defendant's mistake is divided and reflected, that the victim does not want the punishment of the defendant when the victim reached an agreement with the victim, and the sentencing conditions shown in the arguments, such as the age, sexual conduct, motive, means and result of the crime, etc., it is ordered within the scope of the recommended punishment according to the sentencing criteria.

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