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(영문) 대구지방법원 서부지원 2019.07.04 2018고단3268
업무방해
Text

A defendant shall be punished by imprisonment for one year.

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

From around 18:10 on August 23, 2018 to 19:12 on the same day, the Defendant: (a) at an “E” restaurant operated by the victim D (the 50-year-old) located in Daegu-gun B commercial building C; (b) under the influence of alcohol, the Defendant heard that the said restaurant was operated as a prepaid and accelerator service; (c) the victim and her husband F of the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, and H;

1. A written statement of I;

1. Application of the photographic Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant committed the instant crime during the period of probation, and that the defendant has been punished several times for the same crime, etc. is disadvantageous.

However, the punishment as ordered shall be determined by taking into consideration the following factors: the Defendant’s confession of the crime of this case and his mistake is divided; the Defendant’s age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.

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