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(영문) 광주지방법원 순천지원 2017.04.19 2015고단1517
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On August 5, 2015, at around 23:25, the Defendant obstructed the victim’s maternity operation work by force for about 25 minutes, such as: (a) the victim D, who was under the influence of alcohol and was informed of a room; (b) the victim D, who was sitting on the first floor, and (c) the front stairs of the entrance, and (d) the victim, who was intending to visit the telecom, thereby getting back to the telecom for about 25 minutes.

2. The Defendant insultd the victim at the time and place set forth in the above 1.1.2, who was dispatched to the scene after having received D’s 112 report at the time and place set forth in the above 1.1. The Defendant “I am shot, I am shot, I am son, I am son, I am son,” and sexually insultingd the victim in front of being seen by the aforementioned D and unspecified Mo

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of G and D

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as prescribed by the heavier obstruction of business (within the scope of the sum of the long-term punishments of the above two crimes)];

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. shall be determined by taking into account the following circumstances, the Defendant’s health status, the circumstances leading to the instant crime, and other relevant factors of sentencing.

The circumstances at a disadvantage: 4 times the same military force (3 times the crime of interference with duties and insult), the circumstances in which the victim of the insult wants the punishment of the defendant: there is no record of punishment more than a suspended sentence of execution, the degree of interference with duties is not excessive, and the defendant recognized the crime of this case and reflected it.

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