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(영문) 의정부지방법원 2016.03.30 2016고단63
업무방해등
Text

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

Reasons

A. The Defendant 1 was able to avoid disturbance for about 2 hours and 30 minutes, such as breathing, thereby obstructing the Defendant’s main business by force.

Summary of Evidence

"2016 Highest 63"

1. Statement of the defendant in the first trial record;

1. Each police statement made with H and D;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and results of confinement of prisoners, "2016 order 387";

1. Statement by the defendant in court;

1. Written statements of J and L;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and personal identification status statutes;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment for a crime;

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

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment for Concurrent Crimes* Violation of Article 1 of the Act on the Aggravated Punishment for Crimes (Obstruction of Performance of Official Duties) / [Scope of Recommendation] Violation of Article 1 of the Act on the Aggravated Punishment for Specific Crimes (Obstruction of Performance of Official Duties)] There is no person in the basic area (from June to one year to four months), [Scope of Special Sentencing] * Violation of Article 2 of the Act on the Aggravated Punishment for Crimes (Special Reduction of Punishment from one month to eight months), the area of mitigation [Special Reduction of Punishment] [including efforts by victims for recovery of damage), / Violation of the Act on the Aggravated Punishment for Specific Crimes (Interference with Duties] / Violation of the Act on the Aggravated Punishment for Specific Crimes (Interference with Duties] / Violation of the Act on the Aggravated Punishment for Specific Crimes (Act No. 1 of the Aggravated Punishment for Specific Crimes).

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