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(영문) 전주지방법원 2018.05.03 2017고단2217
업무방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 2217"

1. On October 12, 2017, from around 10:00 to around 12:00, the Defendant was unable to resist the disturbance, such as opening two legs on the table of the office’s tablers, and passing a large sound, on the ground that the Defendant did not obtain the approval of the loan at the E point managed by the victim D in the front city of the Seoul Metropolitan City.

Accordingly, the Defendant interfered with the banking work of the victimized person.

"2018 Highest 1"

2. On November 23, 2017, at around 20:00, the Defendant entered the residence of the Victim G (F room room 106 dong 405 dong 206 dong 205 dong-dong 2017, and the victim told 106 dong 205 dong 205 dong 200 dong-dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 200 dong 202

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (in the situation of dispatch to the scene), on-site photographs (the facts set forth in the judgment No. 2);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes on the medical certificate of injury (G) and photographs of damaged parts;

1. Article 257 (1) of the Criminal Act (the point of harm) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Type 1 (General Bodily Inflicting) (person with special sentencing), who is not subject to punishment (the scope of recommended sentence), from February to one year (the area of mitigated punishment) of bodily injury (the area of mitigated punishment).

(b) Concurrent Crimes: Interference with the duties of interfering with a crime that interferes with the performance of duties (a decision of type) (a person subject to special sentencing), is not subject to punishment (the scope of recommendation and sentence), one month to eight months (the area of mitigation);

(c) Application of standards for handling multiple crimes: February to April 1;

2. The Defendant who was sentenced to a sentence is guilty of a violent crime.

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