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(영문) 서울북부지방법원 2017.02.03 2016고단2963
업무방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On January 9, 2015, the Defendant was sentenced to the punishment of imprisonment with prison labor for an indecent act, etc. by Seoul Southern District Court, and on September 5, 2015, the Defendant completed the execution of the sentence.

[2] On July 3, 2016, around 22:20 on July 3, 2016, the Defendant demanded that the victim D, operated by Dobong-gu Seoul Metropolitan Government, share the victim D, and pack the part of 1 person by means of multiplying the victim D with alcohol, but the victim's share does not constitute a package.

The defect b "I will do so if you do so? I will do funeral."

The police officers in the restaurant are the police officers, and how well they want to be known, "I will know if the test is made by the Commissioner General of the National Police Agency, and 5 customers in the restaurant were allowed to go to the restaurant by leaving 5 customers in the restaurant while carrying out a bath that cannot be identified.

At around 22:45 on the same day, the Defendant received the victim's 112 report and dispatched the police officer's request for returning home to the above restaurant, and temporarily left the restaurant, but the police officers returned to the above restaurant and sent a bath again.

Accordingly, the defendant interfered with the victim's restaurant business for about 40 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on investigation (as to mobilization of a report);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] interference with the affairs of Article 35 of the Criminal Act [the scope of recommending punishment] and Article 35 of the Criminal Act for the mitigated area (one month to eight months) [the person who has been specially mitigated] [the person who has been subject to punishment] / The defendant has a history of having been punished several times due to a crime related to violence, and the defendant is a repeated offender.

However, the defendant's mistake is recognized, the victim does not want the punishment of the defendant, the recent traffic accident is not good and the defendant's health is not good.

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