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(영문) 서울북부지방법원 2016.08.24 2016고단2116
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2016, the Defendant, under the influence of alcohol in front of the Seoul Jung-gu Seoul Metropolitan Government, set a bus (D) No. 1124 on the part of the victim C driving, without any justifiable reason, obstructed the operation of the bus by force by preventing the said victim from operating approximately 20 minutes of the bus.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs of the recommendation [the scope of the punishment], the area of mitigation (one month to eight months) [the person subject to special mitigation], the area of punishment not subject to punishment (including the advanced efforts to recover damage);

3. The fact that the record of being sentenced to a fine due to violent crimes caused by the decision and drinking of the sentence is two times, and that the record of being sentenced to the suspension of indictment is less unfavorable than once.

On the other hand, the agreement is reached, and it is against the depth is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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