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(영문) 대구지방법원 2019.09.18 2019고단3865
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 17, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on November 23, 2017. On February 23, 2018, the said court was sentenced to ten months of imprisonment for fraud, etc. and completed the execution of the sentence at the smuggling Detention House on October 24, 2018. On February 13, 2019, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the same court, and completed the execution of the sentence at the Daegu Prison Prison on July 18, 2019.

On July 19, 2019, from around 17:30 to 17:55, the Defendant, at a restaurant operated by the victim C (V, the age of 51) located in G, G, B, the Defendant, while under the influence of alcohol, boomed the cryp with the beer, and boomed the surrounding customers, caused customers to go on the cafeteria.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Table of 112 Reports, respectively, attached to police investigation reports (in relation to a suspect, accompanied by personal history of receipt of reports);

1. On-site photographs;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to each prosecution investigation report;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types of punishment] interference with the affairs [the category 1] - Where the degree of force, deceptive scheme or the degree of interference with the affairs is minor, the mitigation element: [the scope of the recommended area and the scope of the recommended punishment] special mitigation area, imprisonment with prison labor for one month to eight months [the general person] - the aggravation element: Major pride factors: Suspension of repeated crimes of the same kind [the grounds for suspension of execution] - General pride factors: Suspension of execution for more than two times, and lack of social relationship: Suspension of execution for more than two times;

3. Determination of sentence: Imprisonment;

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