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(영문) 광주지방법원 해남지원 2017.07.06 2017고단148

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 11, 2017, from around 01:20 to around 01:37 the same day, the Defendant: (a) boarded the victim D (50) on a taxi operating in E-si (50) from around the said day to around the said day; (b) while the victim was driving in E-si operating in E-si (50) from around the said day, the Defendant could not move up to the island of “F coming to go.”

For about 15 minutes without unloading from a taxi on the ground that it was said that it was “I am, I am, I am, I am, I am, I am, I am, I am, I am.”

As a result, the defendant interfered with the taxi operation of the above victim by force.

2. Around March 11, 2017, around 01:40, the Defendant: (a) expressed that, before the Dondo Police Station H District of the Dondo Police Station of Dondo, the Defendant: (b) requested the Defendant, who was on board the said Dondo Police Station, to leave the said Dondo Police Station; (c) the victim, who was on board the said Dondo Police Station, demanded the Defendant to leave the said Dondon; (d) during the hearing of D and PacificJ, etc., the Defendant expressed the said victim’s desire to “picker and behavior.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, I, and J;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Interference with the performance of duties [the scope of recommended punishment] and interference with the duties, the basic area (from June to one year and six months) (the person who is subject to special sentencing) does not exist.

B. Scope of recommending punishment according to the criteria for handling multiple crimes: Imprisonment with prison labor for not less than six months (the crime for which the sentencing criteria are set and the crime for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act, so the lower limit is set.