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(영문) 수원지방법원 안양지원 2015.06.05 2015고단289
업무방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 10:00 on November 1, 2014, the Defendant found D convenience points located in Mapo-si C, and obstructed the victim E (here, 20 years of age)’s business of convenience stores by force by force, such as: (a) the victim E (here, her 20 years of age, who was working for the Kapo-si, informed him of contact points; (b) whether there is any south-do; (c) whether there is any time, and (d) whether there is any time,” and (e) whether there is any time, and (e) the victim’s convenience store business.

From that time until January 23, 2015, the Defendant interfered with the convenience store business of the victims by the same method 19 times, such as the list of crimes in the annexed list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, E, and H;

1. Each investigation report (to hear statements and report);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. An opinion that probation, community service order, and order to attend a lecture is not very good for the reason of sentencing under Article 62-2 of the Criminal Act, and the crime has been committed repeatedly, criminal records of identical fines have been committed several times, and criminal records of obstruction of performance of official duties have been committed, and as a result of the investigation conducted before the judgment of the probation office, that “it is necessary to correct habits through treatment within the facility” is unfavorable to the defendant.

However, it appears that the defendant's health condition is not good, such as the fact that it appears to be against the defendant's recognition of the crime, the written agreement with the victim F is prepared, the same crime is not less than the suspension of execution, and the defendant was detained in the investigation stage for about three months, and the defendant seems to have been given an opportunity of self-reliance and reflect, and the fact that the defendant's health condition is not good.

In full view of these circumstances, the defendant is sentenced to punishment.

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