(영문) 전주지방법원 정읍지원 2018.01.25 2017고단422

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 정읍지원 2018.01.25 2017고단422

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 September 15, 2017, from around 21:13 to 21:34 on the same day, the Defendant: (a) from the ‘E’ restaurant of the victim D operation in Jung-Eup-si, the Defendant, under the influence of alcohol, expressed the Defendant’s husband F’s desire to her husband F with a large interest; and (b) took away the glass cup, which was set on the table, and (c) the Defendant drawed the Defendant’s victim “hacks and slicks,” and (d) the Defendant drawed the Defendant.

The brine, spiting the victim's face, spiting the victim's brine, brining the victim's brine with hand, and preventing the customers from entering the restaurant, thereby obstructing the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for the observation of protection and observation include the following: (a) the defendant was committed at the time of and commits a crime; (b) the victim was not punished by the defendant upon the consent of the defendant; (c) the defendant was suffering from mental disorders such as long-term depression; and (d) the defendant appears to have reached the crime of this case; (c) the conditions for sentencing favorable to the defendant; and (d) the defendant was punished several times as a crime interfering with official duties and violent crimes; and (e) the defendant was committed during the suspended execution period, and (e) the defendant was not less and less responsible for the crime of this case during the suspended execution period, and other factors for sentencing specified in the arguments of this case, such as the defendant’s age, sexual behavior, environment, motive and background of the crime; and (e) the circumstances

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제314조 제1항

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