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(영문) 수원지방법원 성남지원 2016.03.30 2015고단2079
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge that interferes with public duties is acquitted.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor due to injury, etc. in the Sungnam Support of Suwon Friwon, and completed the execution of the sentence in the Innju prison on June 4, 2014.

On June 9, 2015, the Defendant, at an inn of the victim D (Min, 82 years old), located in Seongbuk-gu, Sungnam-gu, Sungnam-si, Sungnam-si, Seoul Special Metropolitan City on June 17:0, 201, drinks into the inside room (calculated room) after drinking alcohol.

During the string of a vessel, the victim, who listens to the horses, such as “hinging to the guest,” from the damaged person, shall be discarded in the same year, the death of the victim.

The head of the Si/Gun/Gu, the head of the Si/Gun/Gu, intended to start the business of the victim by force for about 30 minutes, including: (a) the victim, who was seated in the beds, intending to walk throughout several times in the same year; and (b) the victim, who tried to walk throughout the course of reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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

1. The reason for sentencing Article 35 of the Criminal Act for a repeated crime is the motive, circumstance, means and consequence of the crime of this case, the circumstances before and after the crime, age, sexual conduct, environment, and other various conditions of sentencing as shown in the pleadings. In particular, the following circumstances are considered: (a) the defendant was punished by an act of violence, including the same kind of crime; (b) the crime of this case is committed during the period of repeated crime; (c) even though the defendant committed the crime of this case, and (d) he was punished by a fine even though he committed the crime of 2 times during the period of repeated crime, and (d) the crime of this case was committed again during the period of repeated crime; and (b) the obstruction of the victim's business is a second-time crime during the period of repeated crime, which is unfavorable to the punishment; and (c) the victim is committed by agreement with the

1. The acquittal part 1.

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