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(영문) 대구지방법원 2017.11.30 2017고단3114
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:00 on May 8, 2017, the Defendant was the victim D (here, 26 years of age) who was in Daegu-gu C, Daegu-gu, and the Defendant was the victim D (here, 26 years of age) who was seated at the entrance of the above convenience store without any justifiable reason, and the Defendant was the victim four customers who were seated at the entrance of the above convenience store after tobacco.

By speaking “A large voice, the said guests go to the above convenience store, and after about 20 minutes, they re-entered the victim who was working within the above convenience store and work in the calculation room, with the large interest of “hym young young people”, and boomed the victim at the request of the police officer called up with the report of the victim, and again prevented the customers from entering the above convenience store by putting him/her back at his/her hand and again preventing him/her from entering the above convenience store.

Accordingly, the defendant interfered with the calculation and management of the victim's convenience point 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommendation] interference with the affairs of sentencing [the person with special mitigation] / [the person with special mitigation] mitigation area (including one month to August 8] / [the sentence decision] / the sentence decision / the defendant's age, sex behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., and the various sentencing conditions specified in the records and arguments of this case, such as the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of the crime, etc., shall be determined as per the order.

Unfavorable circumstances: At least 30 times for the defendant with the same kind of crime and the same kind of crime.

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