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(영문) 창원지방법원 2020.01.17 2019고단3405
업무방해
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2019, at around 09:30, the Defendant: (a) filed a complaint with the victim C (50 years of age) who is an employee of the 8-23rd-ro Kimhae Park, a public service worker belonging to the Dognam Park, prior to the Dognam Park, to crack down on an illegal street point; (b) brought an assault by one hand against the victim’s breast at one time; (c) on loading of D Truck owned by the Kimhae-si, who intends to move to regulate other local illegal street points, including “12 reported to 112, kis, kis,” and unable to move and move a truck for about 20 minutes from the same day to 09:50 on the same day.

As a result, the defendant interfered with the victim's illegal occupation control duty by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to investigative reports (Attachment to images taken by suspects);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] interference with business affairs [the category 1] interference [the person who has a special appearance] - the mitigation element: the mitigation area [including the recommended area and the scope of recommendation] mitigation area, the decision of sentence for January through August: Imprisonment with prison labor and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by the order, taking into account all the various circumstances, which form the conditions for the sentencing specified in the instant case, such as the punishment exemption area (including a serious effort to recover damage): the mitigation area; the suspension period of execution for April; the period of suspension of execution for two years;

Unfavorable circumstances: The public service of regulating illegal occupation has been hindered due to the crime of this case, and the defendant has been punished several times for violent crimes including the same kind of crime.

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