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(영문) 서울남부지방법원 2018.02.13 2017고단5867
업무방해
Text

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

Reasons

Punishment of the crime

On December 16, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor in the resident support of the Daegu District Court on July 2, 2015 and completed the execution of the sentence.

On November 23, 2017, the Defendant: (a) at the E convenience point in the management of the victim D (n, 50 years of age) located in Guro-gu Seoul Metropolitan Government on November 23, 2017; (b) at the E convenience point in the management of the victim D (n, 50 years of age) and caused disturbance to the police due to the victim’s report, and obstructed the victim’s convenience store management by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs, CCTV images CDs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, results of search by prisoners, and report on investigation (Attachment of latest identical cases by a suspect) to Acts and subordinate statutes;

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is several days before the sentencing point, and the victim is able to express his/her objection to the punishment by committing an act of disturbing drinking at the convenience point, and his/her duty has been interfered with, and the criminal records of the same kind, including the sentence, have been committed more than 10 times; the crime is committed during the period of repeated crime due to the same crime; the crime is committed during the period of repeated crime due to the disturbance of drinking, etc.; and other factors such as character and behavior, environment, degree of interference with duties, means of crime, and consequence, etc.

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