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(영문) 부산지방법원 2016.08.11 2016고단2936
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 28, 2015, the Defendant was sentenced to imprisonment for eight months by obstructing the performance of official duties at the Busan District Court, and completed the execution of the sentence on August 2, 2015.

On October 13, 2015, the Defendant, at around 00:40 on October 13, 2015, experienced a disturbance for about 30 minutes, and obstructed the victim’s main business by avoiding the disturbance for about 30 minutes, i.e., “I amb and I amb and I amb. I am. I am. I am. I am. I am. I am. I am. I will am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation report (netly 5);

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 recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] interference with the victim's activities (a period of one year to three years and six months) [a special aggravated person] the same type of repeated crime [a] has the record of being sentenced several times due to the same type of crime and the crime for different types of crimes, and a crime committed during the period of repeated crimes over two months after release, and no agreement was made with the victim.

However, in consideration of the circumstances such as punishment for a single-time crime and punishment for a single-time crime that has already been sentenced to imprisonment for ten months, and that it is anticipated that the appellate court will combine with the case, a sentence that is lower than the lower limit of the recommended punishment shall be imposed.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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