logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.03.22 2018고단294
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of official duties at the Gwangju District Court, and completed the execution of the sentence on April 26, 2017.

On December 25, 2017, from around 20:00 to 21:00 on the same day, the Defendant: (a) had been under the influence of alcohol to the DNA telecom operated by the victim C in the Southern-gu Nam-gu, Gwangju; (b) had the corridor in the said telecom; (c) had each guest room installed; and (d) had the fire part in the elevator of the first floor of the said telecom, thereby obstructing the victim’s mother telecom business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Investigation report (Analysis of CCTV images);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, report on investigation (Attachment to the same type of crime, etc. attached to the judgment), two copies of the judgment, and application of one of the Acts and subordinate statutes applicable to personal confinement

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The scope of mitigation (one month to eight months) [the person with special mitigation] [including efforts to recover damage] [the decision of sentencing] reflects the defendant's wrong in the confession of the crime, and the victim does not want the punishment.

However, the Defendant has already been punished more than 20 times for crimes such as violence, obstruction of duties, and obstruction of performance of official duties. In particular, it is inevitable to sentence a sentence on the grounds that the Defendant had been punished more than three times during the period of repeated crimes by serving three times or more years, and that the content and degree of the act in the instant case are not less narrowly.

The sentence identical to the order shall be determined by comprehensively taking into account the various factors of sentencing revealed in the process of investigation and trial as seen earlier.

arrow