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(영문) 대구지방법원 2018.05.18 2018고단1508
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant was sentenced to four months of imprisonment with prison labor by the Daegu District Court for interference with business and was sentenced to two years of suspended execution on the 17th of the same month, and the judgment becomes final and conclusive and is still under suspended execution.

On April 8, 2018, the Defendant 01:0 to 01:25, the Defendant was under the influence of alcohol in the “E” car page operated by the victim D located in Seongbuk-gu Seoul Metropolitan City, Suwon-gu, Seoul.

“I would like to receive the demand of the injured party that the business has been finished from the injured party, but I would like to say, “I would like to be styp or dward.”

“The victim interfered with the car page business of the victim by force, such as putting about 20 minutes of desire, putting about four customers who were in the carpet, and putting about 20 minutes of the disturbance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing selecting a sentence of imprisonment with prison labor, including that the defendant was punished four times as a result of obstructing the performance of official duties and destroying property, etc. The defendant was punished by a fine or a suspended sentence of imprisonment with prison labor for more than ten times. The defendant again committed the crime of this case even though he was punished by a fine by a fine by putting the same crime during the suspended sentence period for the same kind of crime, the defendant did not receive a letter from the injured party, the fact that the defendant was unable to receive a letter from the injured party, the defendant's age, sex, environment, motive for and circumstances after the crime, etc. shall be determined as the sentence of this case in consideration of the sentencing conditions

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