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(영문) 수원지방법원 평택지원 2016.08.04 2016고단645
업무방해
Text

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

Reasons

Punishment of the crime

[criminal record] On December 19, 2013, the Defendant was sentenced to four months of imprisonment with labor by obstructing the performance of duties in the Suwon District Court’s Eunpyeong Housing Site, and completed the execution of the sentence on March 29, 2014.

[2] The Defendant is due to the following reasons: (a) the Defendant, while under the influence of alcohol to the Plaintiff C (here, 34 years of age) who is in Pyeongtaek-si B from February 23, 2016 to 18:50, was under the influence of alcohol to the D pharmacy that is in Pyeongtaek-si B; and (b) the Defendant: (c) the Defendant, while drinking the Victim; and (d) the Defendant, who caused the death of his/her wife.

(c) all of the death of the dead;

"To do so, about 30 minutes, it made it impossible to sell medicines to customers by getting customers who are in a pharmacy with pactacy and pactacy."

Accordingly, the defendant interfered with the operation of the victim's pharmacy by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A photograph of a CCTV course;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the status of personal confinement, and Acts and subordinate statutes on investigation reports (verification of the date of release from office);

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 of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] is the aggravated area (1 year to 3 years and 6 months) [the person subject to special aggravated punishment] of the same type repeated crime [the person subject to special aggravated punishment] has been sentenced 28 times in relation to violence, and the crime of this case has again been committed during the period of repeated crime even though there was a record of being sentenced to punishment due to repeated interference with the duties committed.

Therefore, in consideration of the fact that the sentence of imprisonment is sentenced, the defendant is divided into crimes, and the health status is not good, it is sentenced to the sentence below the scope of the recommended punishment according to the sentencing guidelines.

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