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(영문) 수원지방법원 성남지원 2016.01.20 2015고단2410
업무방해
Text

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

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business in the Sung-dong detention center as a result of the obstruction of business in the Sung-nam support of the Suwon Friwon, and completed the execution of the sentence on September 24, 2015.

On October 18, 2015, the Defendant, at around 15:10 on October 18, 2015, under the influence of alcohol at the E innive house operated by the victim D, the Defendant: (a) was under the influence of alcohol; (b) was able to walk the iron of the said 1st floor of the nive house; and (c) was placed with the electronic stamp on the nivers of the said house; (d) when the victim prevented the victim, the Defendant was able to avoid any disturbance, such as “in accordance with the principle of no taxation and assessment of the amount of the nives of the lives of the lives of the lives of the lives, in accordance with the principle of no taxation and assessment of the amount of the lives of the lives of the lives of the lives of the lives of the lives and the lives of the lives of the victim.”

Accordingly, the defendant interfered with the victim's female business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction before and after the disposition, and applying Acts and subordinate statutes to search results of prisoners;

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] is inevitable considering the fact that the defendant has been punished several times for the same crime, and the period of repeated crimes is being imposed.

Provided, That the punishment shall be determined as per Disposition in consideration of the favorable circumstances, such as the fact that the defendant is late and the victim does not want punishment, etc.

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