(영문) 대구지방법원 김천지원 2018.10.05 2018고단396

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줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2018.10.05 2018고단396

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 16, 2018, at around 23:10 on March 23:10, 2018, the Defendant obstructed the victim’s main operation by force, by avoiding disturbance for about 20 minutes due to the following: (a) the headline of the victim C (n, 46 years of age)’s operation; (b) the customer, while drinking alcohol as a customer, was slick; and (c) the customer, who was flicking on the floor of the sick, was hicked with the customer’s main operation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Criminal Address Act and the Investigation Report Act

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act regarding criminal facts, reasons for the sentencing of the sentence of imprisonment [the decision on the area of recommendation] interference with the business of the first type [the decision on the area of recommendation] basic field [the scope of recommendation] from June to one year and six months [the scope of recommendation]] from June to one year and six months [the scope of recommendation], damage to property, driver's assault, and interference with police officers dispatched at that time with the execution of official duties for police officers dispatched at that time, the decision on the suspension of execution became final and conclusive even if the decision on the suspension of execution was sentenced to imprisonment with prison labor and the suspension of execution was sentenced on two months, and at the same time, the decision on the suspension of execution

When considering the fact that a person has committed the same crime under the influence of alcohol and the environment of the defendant's custody, it seems that the risk of recidivism is high and the wife is not improved.

However, when this judgment becomes final and conclusive, a sentence below the lower limit set in the sentencing guidelines shall be imposed by considering the existing period of suspension of execution and the additional period of punishment to be executed.

참조조문

-형법 제314조 제1항

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