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(영문) 의정부지방법원 고양지원 2018.10.25 2017고단2897

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 30, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Goyang Branch of the Jung-gu District Court, and completed the execution of the sentence at the Seoul Southern Prison on July 28, 2017.

[Criminal facts]

1. On August 13, 2017, from around 12:20 to 13:00 of the same day, the Defendant obstructed the victim’s operation of soup by force by making soup so that customers, such as making soup and taking a bath on the part of the victim C, which was on the 6th floor of Goyang-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu, Seoul, and making soup, do not properly use so.

2. The Defendant, at the same time and place as set forth in the above Paragraph 1, destroyed the property in the city by gathering three tables, which were set up in a bryr bryp bryp bryp to the Defendant’s action, and having the bryp bryp of the table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and the current status of acceptance by individuals;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The final sentencing criteria applicable to the sentencing guidelines under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are applicable [the scope of recommending punishment] and Article 2 of the Act on the Aggravated Punishment [the scope of recommending punishment] that there is no person who has any special sentencing [the scope of recommending punishment] in the basic area (4 months to 10 months] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommending punishment] (the scope of property damage, etc.] of Article 37, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes: The defendant has been punished several times prior to the crime of this case, despite the fact that in June, he had been punished several times by the same kind of crime of this case, the defendant committed the same kind of crime of this case.