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(영문) 창원지방법원 마산지원 2017.06.13 2017고단426
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On October 11, 2016, the Defendant was sentenced to four months of imprisonment with prison labor due to the obstruction of business at the Changwon District Court Branch, and completed the execution of the sentence at the Changwon Prison on November 24, 2016.

[2] On April 29, 2017, the Defendant: (a) around 00:15, at the E-point where the victim D was working in the Changwon-si Member C of Changwon-si, the Defendant: (b) without any justifiable reason, made another customer speak; and (c) continuously purchased the 1st week, and (d) continued to purchase the 1st week, the Defendant provided the victim’s bath to the effect that “the fecul feculation, the young gue is not softened; and (c) sent the fecul in the calculation unit.”

Although the Defendant was urged by the police officer to return home from the police officer called out upon receiving a report to the effect that he was unclaimed as above, the Defendant obstructed the victim’s convenience store business by force by failing to enter the victim’s convenience store business by making it impossible for the police officer to go back again into the above convenience store and take the victim’s prudent, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (STV verification, and specification of time involved in the crime and attaching photographs), and photographs attached thereto;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of a crime committed during the period of repeated crimes of a suspect) statute;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and six months (the scope of the recommended punishment]; the basic area (up to six months to one year and six months) (up to one year and six months); and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

An unfavorable circumstance: The defendant interferes with his/her duties in the Changwon District Court on October 11, 2016.

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