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(영문) 대전지방법원 천안지원 2019.07.18 2018고단2949
업무방해
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2018, at around 00:10, the Defendant requested 'C' located in Western-gu, Western-gu, Seo-gu, Seocheon-gu, Seocheon-gu, to drink d', an employee, while drinking alcohol and drinking alcohol without any justifiable reason. Accordingly, the Defendant obstructed the victim's restaurant management work by avoiding disturbance for about 40 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 112 Reporting case management table;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommendation [decision of types] according to the sentencing guidelines for offenses interfering with business affairs: [Type 1] There is no interference with business affairs [the scope of recommendation field and recommendation range] [the scope of recommendation field and recommendation range], basic area, and six months to one year and six months; and

2. Considerations, such as the fact that a person has been sentenced several times to a fine for the same kind of crime as a sentence, but has failed to receive the written application from the victim;

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