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(영문) 인천지방법원 2017.03.16 2017고단397
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 29, 2016, at around 22:20 on December 29, 2016, the Defendant: (a) took a bath, such as “Chewing,” etc., to customers E who drink alcohol at the above main points without any justifiable reason; (b) took clothes; and (c) the said victim sprinked the Defendant at a terminal once, and sprinked the Defendant with the victim’s sprink for about 30 minutes; and (d) interfered with the victim’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and observe protection;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of business interference [the scope of the recommended sentence], the area of mitigation (one month to eight months) [the person subject to special mitigation] the area of punishment is not subject to punishment (including serious efforts to recover damage);

2. The sentence sentence decision defendant has a record of criminal punishment about about 18 times due to violent crimes, etc.; further, the fact that the defendant has been subject to punishment several times due to interference with the same kind of duties is against the disadvantage; considering favorable circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the suspension of the execution of imprisonment as ordered shall be sentenced in consideration of all the sentencing conditions such as the defendant's age, sexual behavior, motive and circumstance after the crime, and the order to observe the protection and surveillance and take lectures in alcohol treatment to prevent recidivism.

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