(영문) 수원지방법원 2017.11.20 2017고단6299

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(영문) 수원지방법원 2017.11.20 2017고단6299

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for a special assault by the Suwon Flag Flag on August 10, 2016, and completed the execution of the sentence at the Suwon Nlag detention house on February 16, 2017.

The Defendant, from around 02:40 on September 15, 2017 to around 03:30 on the same day, was under the influence of alcohol in the “D” restaurant of the Victim C operated in Suwon-si, Suwon-si, and without any special reason, tried customers to sit in the middle of the will they are seated, and the Defendant gets the victim before the entrance.

p. Prohibition of funeral services;

“Along with the noise, the noise caused the disturbance, thereby obstructing the victim’s restaurant business by force by getting the customers in the above restaurant.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Confirmation during the period of a suspect, repeated crime) statute;

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 Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of recommendation [the scope of recommendation] according to the sentencing criteria and the scope of business interference with the affairs, the basic area (referring to six months to one year) (referring to six months to six months) of the sentencing criteria; and

2. The fact that there are many records of punishment for the same kind of crime that has been sentenced to punishment, in particular, the fact that the crime of this case was committed without being aware of even though the repeated crime was committed during the period of repeated crime, no recovery from damage was made, and no agreement has been reached with the victim, and the victim has failed several times by the defendant.

Considering the fact that the defendant made a statement, the fact that the defendant led to the crime of this case, etc.

참조조문

-형법 제35조

-형법 제314조 제1항

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