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(영문) 수원지방법원 2017.12.15 2017고단6224
업무방해
Text

A defendant shall be punished by imprisonment for six 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

On August 6, 2017, from around 12:50 to 13:30 of the same day, the Defendant got a large voice, such as that the victim C was requested from the victim C at the fourth floor of the Gosiwon D Public Notification Board D, which was managed by the victim C, to leave the room due to the termination of the contract, and that “I are the two criminal offenders before and after the end of the contract,” and that the Defendant took a walk to the public announcement board at the entrance of the public announcement board so that the occupants may not rest.

Accordingly, the Defendant interfered with the management of the victim's Gowon by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Each written statement in C and E;

1. Investigation report (Investigation intoCCTV, etc.);

1. Application of the notification-related Acts and subordinate statutes to the 112 Reporting Department;

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

1. On November 24, 2016, the judgment that sentenced one year to six months of imprisonment due to interference with the execution of official duties was finalized on December 2, 2016, which became final and conclusive on December 2, 2016, committed the instant crime even during the period of probation.

In addition to the instant crime, the Defendant committed several crimes during the period of probation, and the first case is pending in the appellate court in Seoul High Court.

There is no agreement with the victim.

Recognizing the favorable circumstances - The confession of crimes and reflects. A request for withdrawal from the Gosiwon was made by the Gosiwon, and the circumstances leading to the commission of the crimes are considered as having been resolved by the administrator and the counsel. The Seoul High Court had the possibility of being tried by combining the cases pending in the appellate trial.

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