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(영문) 광주지방법원 2017.03.15 2017고단363
업무방해
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

On April 19, 2013, the Defendant was sentenced to a suspended sentence of four months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and was sentenced to a suspended sentence of two months on April 27, 2013, which became final and conclusive on April 27, 2013, and again on November 4, 2014 during the suspended execution period, the Defendant was sentenced to four months of imprisonment for a crime of interference with the performance of official duties at the Gwangju District Court, and the suspended sentence became final and conclusive on December 29, 2014, and the execution of the said sentence was terminated at the Gwangju District Court on July 2,

On November 13, 2016, the Defendant: (a) 22:30 on November 13, 2016, entered a “D” restaurant operated by the victim C in Gwangju Northern-gu, and (b) obstructed the victim’s operation of the restaurant by force by driving so as to avoid disturbance and enter the said restaurant room, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous convictions: A reply to inquiry, such as criminal history, current status of personal confinement, attachment of identical military records, and application of statutes attached to such judgments;

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

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes No. 1 of the holding [the type of determination] Interference with Business Affairs (Determination of the recommended territory] Reduction Area (the same type of repeated crime as punishment not punishable) [the scope of recommended punishment] 8 months or less;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's imprisonment with prison labor for a period of four months, and his/her age, sex, environment, circumstances, and circumstances after committing the crime.

The extent of the power in favor of others is severe.

It is difficult to see it.

The crime was led to confession.

The mistake is divided.

In agreement with the victim, the injured person shall not be punished for the defendant.

The term "unfavorable circumstances" is a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.).

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