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(영문) 대구지방법원 2019.05.08 2019고단203
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On November 16, 2018, the defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties by the Daegu District Court, and is currently pending in the same court.

On November 18, 2018, at the 'C' restaurant located in Daegu Dong-gu B around 20:30, the Defendant stated that the victim D, who is an employee of the Defendant, walked to contain the remaining silents. However, the victim, who was walked on his hand, refused to use the silences due to the lack of the container, was walked by the Defendant, and the victim walked on the wall, and walked on the wall, which walked on the wall, and walked on the wall. The victim, who said walked, walked “I spick, walked,” and walked the walk at the above restaurant for about 20 minutes.

Accordingly, the suspect interfered with the victim's operation of the above restaurant by force.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

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

1. A photograph of a CCTV image closure;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification during trial period);

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

1. Article 62 (1) of the Criminal Act;

1. The crime of sentencing on the grounds of Article 62-2 of the Criminal Act on probation and order to attend a lecture is committed, and the quality of the crime cannot be deemed to be light because the crime is committed, such as where the defendant did not participate in the part of a restaurant in which he/she was in the business, and collected food to the next customers for the reason that he/she was dead. In light of the fact that the defendant was punished twice as a violent offender, etc., he/she has been committed by violence tendency, and choice of imprisonment with prison labor for a severe warning for the prevention of recidivism: Provided, That it appears that there was no substantial damage, such as suspension of business, etc., of the defendant was caused by his/her mistake, the defendant's age and occupation, etc., immediately considered the circumstances of the probation officer.

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