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(영문) 대구지방법원 안동지원 2018.01.26 2017고단717
업무방해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On October 20, 2017, from around 04:30 to 05:00 on the same day, the Defendant interfered with the victim’s restaurant business by force for approximately 30 minutes, including: (a) the victim C, who was located in Ansan-si, worked as an employee, having boomed a mixed breab in the state of drinking, with his hand without any reason; (b) the boomed breab in the state of drinking; and (c) the boomed one boom in each of the beer and the beer’s disease on the floor; and (d) the Defendant boomed the victim’s restaurant business by spreading the boomed boom in the state of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the arrest of a case;

1. Each report on investigation;

1. Application of the receipt statute

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation and taking of protection and the order of community service;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Obstruction of business, interference with business, and one type;

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommendations: Imprisonment with labor for a month to eight months.

2. Despite the fact that the Defendant, who was sentenced to criminal punishment due to the crime of interference with business and violence, committed the instant crime at the same time. This is an unfavorable circumstance to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

A injured person does not want to be punished by the defendant under the original agreement with the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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