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(영문) 서울북부지방법원 2016.11.02 2016고단1192
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 6, 2016, from around 16:10 to 16:40 of the same day, the Defendant took a bath in a soup and soup of the victim D’s operation in Dongdaemun-gu Seoul, with the larger sound for customers who drink and drink at the e-mail, and took time to customers, and received a report and received a request for returning home from the police officer who belongs to the Seoul Dongdaemun-gu Police Station, and was called “one-time bath”, the Defendant avoided a disturbance, such as putting the police officer flick down on the sash or corridor.

Accordingly, the defendant interfered with the victim's privacy or operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of statutes to prepare and report a record of H;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment) and the scope of recommending punishment [the scope of recommending punishment] shall be limited to the mitigated area (one month to eight months) (including specially mitigated persons] and non-exclusive members of punishment (including serious efforts to recover damage);

3. The fact that the record of punishment for the same kind of crime as the sentence of punishment is one time of the suspension of the execution of imprisonment, five times of fines, and that the record of criminal punishment, such as being sentenced to a fine due to the obstruction of performance of official duties, reaches twenty times, and that the person was not present on the trial date without any particular reason, is disadvantageous

On the other hand, the agreement with the victim and the fact that there is no power to be sentenced is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.

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