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(영문) 창원지방법원 통영지원 2018.05.16 2018고단366
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on February 14, 2018 by the Changwon District Court for obstruction of business affairs, etc. and was sentenced to a suspended sentence of two years on February 22, 2018, which became final and conclusive on February 22, 2018.

[2] On March 26, 2018, the Defendant, at around 00:15, obstructed the victim’s restaurant business by force by avoiding disturbance, such as “E for the operation of the victim D” in the city of Gyeongnam on March 26, 2018, instead of ordering alcohol and food, and not ordering “the drinking” to the victim himself, “n't drink the drinking,” and “the drinking” to the customers, she gling the trial expenses, and getting off the female customers, and intending to get off the 30 minutes of the victim’s restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (on-site conditions);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts during the period of suspended execution) statute;

1. Relevant Article 314 of the Criminal Act, Article 314 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing of sentence of the crime;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, the scope of the punishment [the scope of the punishment [the scope of the punishment] shall interfere with the affairs, and the area of mitigation (one month to eight months] shall not be subject to the punishment.

3. The circumstances favorable to the defendant include: (a) the fact that the Defendant recognized the instant crime and reflected in the determination of sentence; (b) the fact that the Defendant agreed with the victim; and (c) the fact that alcohol exists with the victim.

Meanwhile, under the influence of alcohol, the Defendant was subject to punishment several times by causing interference with business, intrusion upon residence, and property damage. In particular, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same kind of crime, and committed the instant crime only one month after the judgment became final and conclusive.

The defendant has been suffering from alcohol, etc., and received several points, but only received hospitalized treatment on a intermittent basis for 3 to 4 days for the purpose of treatment of proof of alcohol, and received the proof of alcohol.

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