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(영문) 서울중앙지방법원 2017.07.12 2017고단3932
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to one year and six months of imprisonment with labor for interference with the execution of special official duties at the Seoul Central District Court, and completed the execution of the sentence at the Net Prison on April 26, 2017.

On May 30, 2017, from around 05:30 to 05:45 on the same day, the Defendant: (a) under the influence of alcohol from the victim D (57 tax) located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (b) provided the victim with a large voice, “Acsponse, money, and son,” and (c) took care of the victim’s face, and (d) prevented the victim from having access to the church believers, which was trying to enter the said worship by avoiding an disturbance for about 15 minutes at that place.

Accordingly, the defendant, by force, interfered with the management of the victim's church's access to the church distribution and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution and the police with regard to D;

1. Photographss by cutting the video images related to the crime of the victim (Evidence Nos. 7);

1. Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the period of a suspect A repeated offense) statute;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] Article 1 of the Act on the Aggravation of Concurrent Crimes, Article 38 (1) 1 of the Act on the Punishment of Concurrent Crimes and Article 50 (Interference with Duties] No. 1 of the Act on the Obstruction of Duties (the scope of recommending punishment) [the scope of recommending punishment] Article 2 of the Act on the Grounds of No. 1 of the Act on the Punishment of Concurrent Crimes [the scope of recommending punishment] No. 1 of the Act on the Punishment of Violence Crimes [the scope of special aggravated punishment] Article 1 of the Act on the Aggravated Punishment (4 months to 1 year), Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes (excluding the types of repeated and repeated crimes among six types). The fact that the execution of punishment is recognized and reflected in six months to 2 years [decision of punishment], it has not been completed in favor of the execution of punishment.

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