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(영문) 대전지방법원 2019.01.11 2017고단3236
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 22:50 on August 11, 2017, the Defendant promised to pay the drinking value to the victim C’s D restaurant operated by Daejeon Dong-gu, Daejeon, and agreed to do so at the same time, but did not abide by this, and the Defendant expressed a large amount of 10 minutes in the restaurant, and continuously ordered the employees of the above restaurant to drink, but refused it, and thereby, the Defendant interfered with the victim’s business by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. With the reason for sentencing Article 35 of the Criminal Act among repeated offenders, the punishment as ordered shall be determined by taking into consideration all the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime;

D. Unfavorable circumstances: The fact that the crime of this case was committed during the period of repeated crime even though there are many criminal records including the same type of punishment, and the normal circumstances favorable to the escape during the trial: the confession and the degree of interference with business is relatively insignificant.

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