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(영문) 대전지방법원 논산지원 2017.05.12 2017고단129
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On August 20, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to interference with the performance of official duties in the Daejeon District Court’s Support, and completed the execution of the sentence in the Daejeon District Court on December 26, 2014. On March 17, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for interference with the performance of official duties in the Daejeon District Court’s Support, and completed the execution of the sentence in the Daejeon District Court on February 11, 2017.

[Criminal facts] The Defendant is under the influence of alcohol in the E-cafeteria operated by the Victim D (58 tax) located in Chungcheongnam-nam, Chungcheongnam-gun, Chungcheongnam-do, on February 22, 2017.

(c) the military service provider was released from Korea on 11th day.

has been done for one week.

public notice given by public notice.

In the country of military service, the Defendant 1 expressed a desire to “C. . .” and obstructed the victim’s restaurant business by force for about 30 minutes by avoiding disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to criminal records of the same kind and copies of written judgments of the suspect), and application of 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. As to the Defendant and his defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act, the Defendant and his defense counsel had a mental and physical weak condition at the time of committing the instant crime

The argument is asserted.

According to the records of this case, even though the defendant was in a state of drinking at the time of committing the crime of this case, it does not seem that the defendant did not have or lacks the ability to make a decision.

Therefore, the defendant and defense counsel's above assertion is not accepted.

The reason for sentencing [Scope of Recommendation] The reason for sentencing is that the defendant committed the crime of this case again during the period of repeated crime even though he had been punished several times due to the same crime, suspension of execution, fine, etc. for the aggravated area (one year to three years) (one year and six months) [Special Aggravation] and the same repeated crime [decision of sentence].

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