(영문) 대구지방법원 서부지원 2020.03.25 2019고단1098

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줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2020.03.25 2019고단1098

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 2, 2019, at around 15:20, the Defendant entered a D agency working as an employee of the victim C in Seogu-gu, Daegu-gu, and interfered with the victim’s mobile phone agency business by avoiding the disturbance between approximately 40 minutes, such as “I ambling off, I ambling off, I amb off, I am going to the Marine Corps,” and “I amb off, I am. I am to the said agency after being called out of the agency by the police officer who was called out of the agency after being called out of the agency,” and “I ambling the face to the victim and customers, I am secret, and interfered with the victim’s mobile phone agency business by avoiding the disturbance between 40 minutes.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Attachment of 112 reported details);

1. Application of Chapter 3 of the 112 Report Details to the Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 314(1) of the Criminal Act regarding criminal facts, the reason for sentencing choice of imprisonment, the Defendant had a history of being subject to criminal punishment for the same kind of crime in the past, and further, on May 15, 2018, the Daegu District Court rendered a sentence of imprisonment with prison labor for 4 months as the crime of interference with business, and one year as the suspension of execution, which became final and conclusive on May 24, 2018, and again committed the instant crime without being aware of the period of suspended execution.

In light of the background and form of the instant crime, etc., the quality of the crime is not good.

The victim was not able to be able to receive from the victim.

In light of these points, the sentence of imprisonment for the defendant is bound to be sentenced.

However, the fact that the defendant shows the attitude to recognize and repent the facts of crime is considered as favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by considering the following factors.

참조조문

-형법 제314조 제1항

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