(영문) 대구지방법원 서부지원 2018.08.08 2018고단1524

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2018.08.08 2018고단1524

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 18, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of business in the branch court of the Daegu District Court for six months, and was sentenced to six months of imprisonment with prison labor for the obstruction of business in the branch court of the Daegu District Court on May 19, 2017 and completed the execution of the final sentence in the Port of the Republic of Korea on February 4, 2018, by the final judgment on May 22, 2017.

[2] On May 26, 2018, from around 04:45 to around 05:10 on the same day, the Defendant: (a) entered the Daegu Seo-gu building and “E” operated by the victim D on the first underground floor; (b) went to a female F, living with the empty table on the empty table without any particular reason; (c) went to a beer and take a bath; and (d) opened the beer line on the floor of the table; (c) opened the instant table on the floor; (d) opened the instant table on the floor; (e) opened the instant table to the passenger; and (e) opened the table table to the passenger; and (e) prevented the victim from carrying out the business of the said center for about 25 minutes by taking the customer out of the center.

Accordingly, the Defendant interfered with the victim's business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Before judgment: Application of the results of inquiry, such as criminal history, an investigation report (Attachment of the results of search of a suspect A prisoner), the results of search of prisoners, and an investigation report (applicable to the same type of crime record);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is not only the past record of criminal punishment including the punishment for the same kind of crime, but also the defendant committed the crime of this case under the influence of alcohol without emphasizing the period of repeated crime due to the same crime. Meanwhile, the fact that the defendant is the time of committing the crime of this case, the fact that the defendant is being aware of the crime of this case, and the fact that the defendant agreed with the victim, and

참조조문

-형법 제35조

-형법 제314조 제1항

유사 판례

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-대구지방법원 2016.05.25 2015노2110

-대구지방법원 2017.08.25 2017고합219