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(영문) 인천지방법원 2017.06.09 2017고단1918
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 24, 2017, the Defendant revised the criminal facts at the “E” restaurant operated by the victim D in Seo-gu Incheon Metropolitan City, to the extent that the Defendant’s defense right is not infringed in light of evidence records.

The purpose of this article is to see the "Sim" for customers who were next customers, and the two customers who want to get out of the restaurant, and thereby interfere with the victim's cafeteria operation work by force for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the recommended punishment] - Types 1 (Interference with Duties) (person with Special Sentencing) - The elements of mitigation: the source of punishment (including serious efforts to recover damage) / [the scope of the recommended punishment] the area of mitigation [the scope of the recommended punishment] 1 month to 8 months [the person with general sentencing] - The factors of mitigation: the advanced reflect;

2. Whether to suspend the execution [main reasons] - positive: Non- sources of punishment (including serious efforts to recover damage) - positive reasons - There is no criminal conviction or heavier than substantial reflect, and there is no criminal conviction or heavier than a suspended execution, and the Defendant’s health condition is very good.

3. The defendant who has a past record of criminal punishment of ten times, and has four times the same criminal records among them; and

There is a social need to punish the accused for committing the crime of violence in order to eradicate the violence during frequent times.

However, the defendant shows that the defendant recognized the crime in this court, and shows a strong reflectivity.

A injured person does not want to punish the defendant by mutual consent with the defendant.

There are many criminal records against the defendant, but there are no criminal records of suspended execution or more.

The defendant.

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