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(영문) 광주지방법원 2018.05.31 2018고단1103

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2018, at around 11:20, the Defendant was unable to avoid disturbance for about 20 minutes by committing an act, such as taking the victim’s bath access, taking the bath of the Defendant under the influence of alcohol to ensure safety, and taking sound into the floor of the kniveter operated by the victim D in Gwangju-gu.

Although the Defendant was removed from the above bath by the police officers who called out after receiving a report of disturbance as above, the Defendant’s statement in the indictment at around 12:08 of the same day and around 13:16 of the same day, “14:16” in the indictment at around 13:16 of the same day is obvious that it is a clerical error in “13:16” and thus correct it (23:16 of the evidence record, page 29 of the same day). On the same day, the Defendant found it in the above bath repeatedly at around 16:14 of the same day, so it is reasonable for the Defendant to do so;

In addition, I would like to report.

B. up to the end.

“Along with sound,” the victim was satisfying the disturbance by taking the victim’s desire.

Accordingly, the defendant interfered with the operation of the victim's bath by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D;

1. Application of the Acts and subordinate statutes of a criminal investigation report (Attachment to images taken at the scene at the time);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is to suspend the execution of the sentence, taking into account the following: (a) the Defendant’s reason for sentencing, including one time before and after the sentence of imprisonment with prison labor due to interference with business affairs even after 2010, was nine times; (b) the record of violent crimes, including one time after having been sentenced to imprisonment; (c) the police officer, upon the victim’s 112 report, again attempted to commit a crime by finding the victim’s bath even though he/she prevented the Defendant; (d) the Defendant is led to the confession and reflect of the crime; (e) the victim is not wanting to be punished by the Defendant by agreement with the victim; and (e) the degree of force exercised is not much serious.