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(영문) 광주지방법원 해남지원 2016.01.14 2015고단444
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 27, 2014, the Defendant appealed by a sentence of one year and six months in the Gwangju District Court for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), but on September 25, 2014, the appeal was dismissed by the Gwangju High Court. On October 16, 2014, the appeal was withdrawn, and the execution of the sentence was completed in the South Prison on September 28, 2015 after the judgment became final and conclusive.

[2] On September 28, 2015, between 15:30 on the same day and 17:10 on the same day, the Defendant: (a) took a heavy view of the breath store in South-Namnam-gun, and went back to the breath store; (b) the victim E, the owner of the said convenience store, expressed the victim’s desire to breath, such as “free fring, fringing, fringing without head,” and obstructed the victim’s convenience store business operation by force by obstructing the victim from entering the store by doing any act, such as drinking, such as “fringing off, fringing without head.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. An investigation report (Attachment to a case of interference with the affairs, a motion picture interfering with the affairs, and a photograph to take a course);

1. Previous convictions: (A) a response to inquiries, such as criminal history, and application of Acts and subordinate statutes to criminal investigation reports (in relation to attachment of results of the search of prisoners, the recent decisions of the suspect and attachment of confinement records);

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

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

1. Application of the sentencing criteria [the scope of the recommended punishment] interference with the affairs of category 1 (Interference with Duties) (one month to eight months) (special mitigation/increased) in the mitigation area (special mitigation/increased) / Non-members of the same kind of repeated crime;

2. The Defendant, who was sentenced to sentence, committed the instant crime even though he had committed the instant crime during the period of repeated crime on the date of termination of the sentence for the same kind of crime.

In addition, the defendant has already been punished several times for violent crimes or interference with business, and he/she is withdrawn from alcohol.

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