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(영문) 수원지방법원 여주지원 2018.02.14 2018고단78
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On September 29, 2014, the Defendant was sentenced to one year and two months of imprisonment with prison labor by obstructing business operations at the Suwon Franchising Board, etc. On September 24, 2016, the Defendant was sentenced to imprisonment with prison labor at the Ansan prison on September 24, 2016; on June 12, 2017, the Defendant was sentenced to eight months by obstructing business operations at the same court; on the same day, the execution of the sentence was conducted in the Suwon Nan Detention House; on November 21, 2017, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint residential intrusion) in the Suwon Franchising Support, and on January 2, 2018, the execution of the sentence was terminated.

[Criminal facts]

1. On January 18, 2018, from around 08:40 to around 13:00 of the same day, the Defendant obstructed the victim’s multiple operation by force while drunkly taking a heavy bath in Eca operated by the victim C (n, 54 years of age) located in Eca located in Eca and taking the influence of alcohol and obstructing the victim’s multiple operation by force.

2. On January 18, 2018, from around 17:40 to around 18:10 of the same day, the Defendant obstructed the victim’s multiple operation by force, i.e., e., e., taking a heavy desire from the H multilateral bank run by the victim F (n, 63 years of age) in the female city, and taking a heavy look at the victim F (n, f3 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Obstruction of reports on internal accidents and reports on the occurrence of such accidents;

1. On-site photographs;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the fact that the suspect is in the period of repeated crime);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes No. 1 [the scope of a recommendation] on the grounds of sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1 of the Reasons for Sentencing [the scope of a recommendation] on the aggravation area (one year to three years and six months] [the specially aggravated person] on the crime No. 2 of the same type repeated crime [the scope of a recommendation] on the mitigation area (one month to eight months] on the reduction area (a special mitigation (a special mitigation) [the person] on the reduction area (ad hoc punishment).

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