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(영문) 광주지방법원 2016.04.27 2016고단199
업무방해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2016, the Defendant entered the victim D (son, 61 years of age) in Gwangju-dong-gu, Gwangju-gu, for about 30 minutes of disturbance, such as opening a △△ resort while under the influence of alcohol without any justifiable reason, and removing the fruit paper on the calculation unit, leaving the contents thereof, and taking the victim’s bath.

Accordingly, the Defendant interfered with the operation of the feet by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of internal investigation reports (at the time of dispatch to the scene, etc.), on-site photographs-related statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service, and order to attend lectures;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (from June to January to June) (no person who has any special sentencing seal] shall be the one.

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The injured party does not want the punishment of the defendant.

On January 8, 2016, the Defendant was under the influence of alcohol and received 112 reports by avoiding disturbance at another person’s place of business, but did not appear upon considering the fact that there was no intent to punish the victim, and again committed the instant crime on the following day.

Defendant was subject to criminal punishment of a fine of two million won or more due to a violation of duties on October 2012, and even around May 201 and around March 2008, the Defendant was punished by a fine due to a violation of duties, and has other records of criminal punishment due to several violent crimes.

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