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(영문) 대전지방법원 논산지원 2017.03.21 2017고단61
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant: (a) 21:45 on November 25, 2016, the Defendant, while drinking alcohol at “D main points” in the “D main points” operated by the Victim C (L, 49 years old); (b) expressed a large voice to customers who were living there; and (c) expressed an article against the will of the victim who prevented him/her; and (d) made customers take out of it, thereby obstructing the victim’s main duties by force over about 10 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

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 reasoning for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act reflects the defendant's wrongness and smoothly agreed with the victim, etc., and the defendant has been punished several times of violent crimes. The crime of this case also seems to have been committed under the unfavorable circumstances, such as the fact that the crime of this case appears to have led to violent inclinations caused by drinking, and other unfavorable circumstances, such as the defendant's age, sexual behavior, environment, criminal records, criminal records, circumstances after the crime, etc., shall be determined as ordered by the order, taking into account all of the sentencing conditions specified in the arguments of this case

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