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(영문) 인천지방법원 2017.11.03 2017고단6433
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2017, the Defendant: (a) around 17:20 on August 16, 2017, at “E” D’ operated by the victim D in Bupyeong-gu Incheon Bupyeong-gu, Incheon, without any reason, omitted the Defendant from the Defendant’s “Ih, Ih and M&A” to the Defendant without any reason.

“The victim expressed a bath,” and interfered with the victim’s four-day operation by force for about 20 minutes, including the labing of the tables and chairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (On-site inspection of weather expenses);

1. Application of the statutes governing the closure of damaged photographs and sc-sc-sc-ray images;

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 under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the recommended punishment] - Types 1 (Interference with Duties) (person with Special Sentencing) - The elements of mitigation: the source of punishment (including serious efforts to recover damage) / [the scope of the recommended punishment] the area of mitigation [the scope of the recommended punishment] 1 month to 8 months [the person with general sentencing] - The factors of mitigation: the advanced reflect;

2. Whether to suspend the execution [main reasons] - positive: Non- sources of punishment (including serious efforts to recover damage) - positive reasons - There is no criminal conviction or heavier than substantial reflect, and there is no criminal conviction or heavier than a suspended execution, and the Defendant’s health condition is very good.

3. The criminal defendant's crime of sentencing is not very good to commit a crime by taking a bath at a four-day part of his/her work only for women under the influence of alcohol without any justifiable reason, and driving the chair, etc. with a view to spreading the disturbance;

The defendant has a past record of criminal punishment on 21 occasions, has three criminal records for the same kind of crime, and has been punished for a crime with violence inclinations up to 15 times.

In the police investigation, the Defendant made a statement to the effect that he cannot memory the crime at all due to drinking, and the risk of the crime was also reasonable.

However, the defendant is in this Court.

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