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(영문) 수원지방법원 안산지원 2016.05.11 2016고단69

업무방해등

Text

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

Reasons

Criminal facts

On January 15, 2015, the Defendant was sentenced to six months of imprisonment due to an injury, etc. by the Seoul Southern District Court, and completed the execution of the sentence in the Seoul Southern District Court on February 15, 2015.

On December 27, 2015, the Defendant 22:30 around 22:30, the Defendant: (a) obstructed the victim’s privacy or management work by force by avoiding disturbance, such as flachip, flachip, and flachip, on the ground that she was under the influence of alcohol at a lachie or a lachie managed by the victim D; (b) she was under the influence of alcohol from the damaged party; (c) she was under the control of the victim; and (d) she was under the influence of the victim; and (d) she was under the influence of the victim, thereby hindering the victim’s privacy or management work; and (e) damaged the said chemical part.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. References to inquiries, such as criminal history, and application of the Act on Report of Investigation;

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

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

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the criminal defendant committed each of the instant crimes during the period of repeated crime) as to the aggravated concurrent crimes, a sentence of imprisonment against the criminal defendant is inevitable.

However, the scope of recommended punishment on the sentencing guidelines by taking into account all the sentencing conditions shown in the trial of this case, including the fact that the defendant is led to confession and rebuttal, the degree of damage is not severe, and the fact that the victim has agreed with the victim, etc., and the scope of recommended punishment on the sentencing guidelines: Imprisonment with prison labor for six months from June to November 1: [the scope of recommended punishment]: Crimes (Interference with Duties) in the mitigation area (including January to August) in the mitigation area (including special mitigation) in the mitigation area; Crimes (including serious effort to recover damage) in the mitigation area (including special mitigation person); Crimes 2 in the mitigation area (including serious effort to recover damage) in the mitigation area (including the scope of recommended punishment) in the general standard) in the mitigation area (one to six months), [special mitigation person] in the mitigation area (including where he/she has made a serious effort to recover damage) or considerably damaged (including where he/she has recovered from damage).