(영문) 수원지방법원 평택지원 2017.03.15 2016고단1839

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자간(%)

(영문) 수원지방법원 평택지원 2017.03.15 2016고단1839

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 15:40 on August 15, 2016, 15:40, sent to the E-cafeteria operated by the Victim D (Min, 69 years of age) located in Pyeongtaek-si C, with a breab and the breab, is under the influence of alcohol.

B. In the end, it threatened the victim D by threatening him/her, and interfered with the victim's restaurant business by force for about 30 minutes, such as threatening the victim F (60) and his/her employees to take a large look at, and avoiding the disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and F;

1. Investigation report (victim D telephone communications);

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection [the scope of recommended punishment] [the grounds for sentencing] under Article 62-2 of the Criminal Act [the grounds for sentencing] are as follows: (a) the mitigation area (one month to eight months] [the person who has been specially mitigated] the non-execution area; (b) the defendant has a record of having been punished by imprisonment, such as suspension of execution of imprisonment, fines, etc. several times due to violent crimes; (c) in particular, the defendant has a record of being punished by a fine, such as interfering with his/her duties in a way that he/she committed a crime in a small restaurant even before the crime was committed; (d) the defendant was unable to be punished by a fine by mutual consent of the victim; and (e) the degree of damage is not relatively heavy: Imprisonment with prison labor for six months, suspension of execution of execution, two years, or more; and (e) other favorable circumstances such as the defendant's age, family relation; and (e) the degree of damage is

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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