(영문) 대구지방법원 2019.05.30 2019고단1293

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(영문) 대구지방법원 2019.05.30 2019고단1293

업무방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 3, 2019, at around 00:0, the Defendant was unable to bring a disturbance for about 1 hour and 30 minutes, including the following: (a) the victim C (here, 49 years of age) at the D convenience store operated by the 49-gu, Daegu-gu (hereinafter referred to as “B”), and the Defendant was accused of the Defendant’s assaulted by the assault at the D convenience store located at approximately 2 weeks; (b) the victim was not required to bring out the Defendant; and (c) the victim was not required to bring out the Defendant; and (d) the victim was unable to bring a disturbance for about 1 hour and 30 minutes.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act on the detention of a workhouse is that the defendant was sentenced to a suspension of execution for six months due to the crime of obstruction of performance of official duties, etc. and was not among those who were under suspension of execution, but the nature of the crime in this case is poor and there is a need for a strict punishment.

However, the defendant recognized the crime of this case and expressed his depth against the defendant, the fact that the defendant would not have a convenience store of this case, the victim seeks a prior wife by mutual consent with the victim, and the most supporting the mother and wife. The defendant's age, character and behavior, family relationship, home environment, and circumstances after the crime of this case, etc. shall be determined as per Disposition by taking into consideration the factors that are the sentencing conditions specified in the records of this case, such as the defendant's age, character and behavior, family relation, home environment

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제314조 제1항

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