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(영문) 인천지방법원 2018.02.08 2017고단9220
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On July 12, 2017, the Defendant was sentenced to six months of imprisonment with labor by obstructing business operations at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on August 29, 2017.

[ criminal facts] around 17:00 on December 12, 2017, the Defendant, at around 17:00, should not speak that there are people in the geste, gale, and gest in the 2nd floor corridor operated by the victim D in Bupyeong-gu Incheon, Incheon.

'Along about 40 minutes of disturbance, such as opening a door 216, the side of the room in which the Defendant was familiar with, and opening a door, and taking the 1st story down into the victim’s bath with the large sound called “the victim’s Chewingly,” which interfered with the victim’s operation of the telecom by force by avoiding disturbance for about 40 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A investigation report (CC-TV image investigation);

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), investigation report (verification of repeated offenses, duplicate of text of judgment, etc.);

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 under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is the crime committed during the same type of repeated crimes in the area of aggravation (one year to three years) (Interference with Business) [special aggravation] of the area of aggravation (one year to six months), and the same type of repeated crimes [decision of sentence].

Many times have been punished due to violence and interference with business, and typical behaviors of crime are shown.

The risk of recidivism seems to be high.

It is reasonable to ensure that the defendant has the time to actively correct and improve his personality and conduct in a state that he is isolated from society for a considerable period.

The decision is judged.

The punishment lower than the lower limit of the recommended punishment shall be determined by taking into account the following circumstances, the fact that the defendant has recognized his/her mistake, and all other conditions of sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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