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(영문) 인천지방법원 2018.05.03 2018고단1637

업무방해

Text

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

[criminal record] On November 17, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended sentence by obstructing the performance of official duties at the Incheon District Court, and the judgment became final and conclusive on November 25, 2017.

[2] On October 17, 2017, at around 01:20, the Defendant: (a) heard the victim D’s “E convenience store operated by Bupyeong-gu Incheon Metropolitan Government,” demanding payment of the value of drinking city from the injured party; (b) “Ig, spath, spath, spath, spathr, spathr, spathr; and (c) Irhn spathr, spathr, spathr, spathr, etc.; and (d) obstructed the operation of convenience stores of the injured party for about one-hour-hour-hour convenience.”

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of CCTV Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (applicable not to the sentencing criteria for ex post concurrent crimes) belongs to a axis having high probability of committing a crime, taking into account the following factors: (a) the difficulty behind taking the main sentence of sentencing under Article 62(1) of the Criminal Act (applicable not to the sentencing criteria for ex post facto concurrent crimes); (b) the recidivism of another person’s suffering; and (c) the lack of leading environment.

However, it is necessary to treat adult prisoners in a careful society when they are able to live in the school after returning to the school at the end of the depression, and continue to be detained due to being put in the response book, and when they are able to live in the prison, or when they are likely to be infected with a bad morals from adult prisoners, etc.

No incidental disposition shall be concurrently imposed in consideration of the preceding disposition of the case or the status of academic achievement.

The punishment for three months shall be determined by imprisonment within the scope of the punishment to be imposed, but the execution of the punishment shall be suspended for a period of one year.