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(영문) 청주지방법원 제천지원 2018.05.03 2017고단294
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On December 21, 2016, from around 19:45 to 20:23, the Defendant: (a) ”E’s “E’s operation” among the victims D (50 years of age) in Ansan-si; (b) set the television on the carter and the carter, without any particular reason, on a multiple occasions without the influence of alcohol; and (c) took a bath to the victim, “The Defendant: (a) put 40 minutes of pact, such as: (a) flap, flap, flap, flap; and (b) flap.”

Accordingly, the Defendant interfered with the operation of singing by the victimized person by force.

2. The Defendant, upon receiving a report from the Defendant on the date, time, and place set forth in paragraph 1, and on the 112 report that the Defendant was fluoring the Defendant’s fluoring the victim openly insultd the victim by referring the Defendant to “Apuling the victim at the place where one police officer called out with the said D and the victim, at the place where one police officer called out with the said D and the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the G Preparation Statement and the Acts and subordinate statutes governing the written complaint;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (six months to one year and six months) of the types of the punishment for recommendation according to the sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

A unfavorable condition: The defendant is sentenced to a suspended sentence due to a violation of his/her duties and is in the same kind as he/she is under suspended sentence.

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