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(영문) 부산지방법원 2016.05.26 2015고단7506
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 3, 2015, the Defendant: (a) around 06:30, around the early 06:30, carried alcohol and food in the “D” restaurant located in Busan Yagu, and carried them on the restaurant, and (b) carried them on the restaurant, and (c) carried them on the 52-year-old victim E (the 52-year-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-pamped-out-out (the 20-year-old-old-old-old-old-old-old-

9. By July 1, 200, the victims’ work was prevented by force over 15 times, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] The reason for obstructing business affairs [the scope of recommending] is as follows: (a) [1 year to 3 years and six months] [the case where a person subject to special aggravated punishment] is an unspecified or large number of victims, or repeatedly commits a crime for a considerable period of time [the decision of sentence]] The defendant committed a crime under the influence of alcohol 15 times or more during the period of up to six months, and there is a high need for punishment because such crime has serious social harm.

In addition, the defendant has a record of criminal punishment several times due to the same crime, and has been subject to criminal punishment several times, including the suspension of execution three times due to various crimes.

The defendant did not agree with the victims, and there is also no evidence to recognize that the defendant made efforts to recover damage.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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