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(영문) 광주지방법원 2017.01.12 2016고단5393
업무방해
Text

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

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to four months of imprisonment with prison labor by obstructing business operations at the Gwangju District Court, and completed the execution of the sentence at the Gwangju District Court on October 19 of the same year.

On November 27, 2016, from around 16:45 to 19:05 on the same day, the Defendant: (a) saw the victim D (at the age of 68) in the south-gu Seoul metropolitan area to take a bath for drinking; and (b) sees the horses that return to the house from his employee F (at the age of 65) to the house; and (c) sees the horses, the Defendant she used the said F to read “hing hinging hings, hings, hings, hings, hings, hings, hings.h.”; and (d) fing the G (68 years) who was a customer from the outside of Gwangju metropolitan area to 19:05; and (d) ging the customer to ging him to use the hing for 2 hours out of the column.

Accordingly, the Defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, and Acts and subordinate statutes concerning investigation reports (Attachment of a copy of judgment);

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for up to eight months (the scope of the recommended punishment) and the mitigation area (one month to eight months), the mitigation area (including special mitigation or aggravation), the non-execution of the punishment (including serious efforts to recover damage), the same repeated crime;

3. Since the defendant was punished seven times by the obstruction of business prior to the decision of sentence, and the defendant was found to have committed a second offense without being familiar with only one month after the release, it is inevitable to sentence the defendant to be sentenced to imprisonment.

However, in agreement with the victim, the victim does not want the punishment of the defendant, and confessions his crime.

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