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(영문) 수원지방법원 평택지원 2018.06.27 2018고단872
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On September 27, 2016, the Defendant was sentenced to a suspended sentence of two years for the reason of obstructing the performance of official duties in the Seogsan Branch of the Daejeon District Court for the purpose of obstructing the performance of official duties, etc. On March 3, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for obstructing the performance of duties in the Sungnam Branch of Suwon Branch of Sugwon, and completed the execution of the sentence in the Daejeon Prison on May 23, 2018.

[2] On May 26, 2018, the Defendant: (a) expressed the victim D, who was in Pyeongtaek-si C, as an employee, at the E convenience store that the victim D, at around 00:30 on May 26, 2018, she expressed the victim’s desire to “Ig, to report to the police station, to be bit bit bit bitb,” and interfered with the victim’s convenience store management by force by leaving approximately 16 of the disease, which was kept on the floor and the wall of the air conditioning.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

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

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 recommendations] interference with the duties of Article 35 of the Criminal Act [the grounds for sentencing of aggravated repeated crimes] is the aggravated area (one year to three years and six months of imprisonment] [the person subject to special aggravated punishment] of the same type of repeated crime [the person subject to a special aggravated punishment]. However, considering the following factors, the defendant's liability is not less complicated, and the defendant's age, sex behavior, environment, circumstances leading to the crime, circumstances after the crime, etc. are considered comprehensively, and the punishment is determined as ordered.

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