(영문) 인천지방법원 2017.09.06 2017고단4986

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줄 간격

자간(%)

(영문) 인천지방법원 2017.09.06 2017고단4986

업무방해

Text

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

Reasons

Punishment of the crime

[Criminal record] On February 13, 2017, the Defendant was sentenced to six months of imprisonment due to assault, etc., and completed the execution of the sentence on June 8, 2017.

[2] On June 29, 2017, from around 19:00 to around 02:57 of the following day, the Defendant refused the Defendant’s request, and the victim drinks drinking together at the Enb of the victim D (nb, 70 years old) operated in Nam-gu Incheon Metropolitan City from around 19:00 to around 02:57, thereby hindering the Defendant’s duties by force by obstructing the Defendant from entering the said nbs by failing to enter the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions: the application of the defendant's legal statement, investigation report (the confirmation of suspect's repeated crime) and copy of the judgment to two Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] interference with the duties of Article 35 of the Criminal Act [the scope of punishment] The punishment is set as the order by taking into account the following circumstances: the defendant's age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc.: the lower limit of the punishment is lowered; and the punishment is set as the order, by lowering the lower limit of the punishment.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The defendant was known to the victim before the times, and the defendant seems to have committed the crime of this case by drinking at the time.

Damage. Disadvantageous circumstances:

참조조문

-형법 제35조

-형법 제314조 제1항

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