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(영문) 대구지방법원 2017.07.18 2017고단2534
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to a suspended sentence of four months for special intimidation by the Daegu District Court, and the said judgment became final and conclusive on April 22, 2017.

1. On April 18, 2017, the Defendant: (a) around 14:00, at the “E convenience store” for the victim D’s operation in Gyeongsan-si, Gyeongsan-si; (b) returned to the store in the state of panty only; and (c) took a lucent of the panty, and (d) caused customers to throw away from the place.

Accordingly, the defendant interfered with the victim's convenience store business for about 20 minutes by force.

2. The Defendant, at around 17:10 on the same day, returned to the store in the state of panty panty spanty spanty spanty spanty, and opened a spanty spande, thereby making customers feel uneasible away from the place.

Accordingly, the defendant interfered with the victim's convenience store business for about 20 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (Attachment to photographs, reports on occurrence of theft, and attachment to the table for handling of reported cases);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (the confirmation of the past record of the same type of crime and a report on the confirmation of the fact during the period of suspension of execution), application

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is not only that the defendant has been punished several times for the same crime, but also that the defendant has been sentenced to a suspended sentence for four months of imprisonment for a special intimidation on April 14, 2017, as stated in the previous record of the judgment, even if this court was sentenced to a suspended sentence of one year for a special intimidation, it is disadvantageous to the defendant

However, the fact that the defendant recognized the crime of this case and reflected the mistake, agreed with the victim, and interfere with the depression of alcohol dependence.

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