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(영문) 창원지방법원 통영지원 2018.12.12 2018고단1089
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On August 31, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Changwon District Court’s branch, and completed the execution of the above sentence at the detention center on February 18, 2018.

[2] On August 21, 2018, from around 21:00 to 21:33 of the same day, the Defendant found the victim C (V, 55 years old) in a state of alcohol in the main points of operation of the victim C (V) located in Tong Young-si from August 21, 2018, and demanded that the victim in the place of the crime be forced to leave the victim in the air condition, but the Defendant did not take the owner in the air

E. M. M. M. does not inform the victim of his knowledge.

In sound, the victim saw the victim's 1st century to the garbage tank, throw away the victim's 1st century to the garbage tank, and the victim again saw the victim's sporesponding, but the victim failed to spores to spores, thereby obstructing the victim's main business operation by force by avoiding disturbance, such as taking a bath to the victim who did not spores.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. 112 Reporting case handling table;

1. Photographs of damage scene;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect and repeated crime)-related Acts and subordinate statutes;

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 Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs of the recommendation [the scope of the punishment], the area of mitigation (one month to eight months) [the person subject to special mitigation], the area of punishment not subject to punishment (including the advanced efforts to recover damage);

3. The fact that the Defendant recognized the instant crime and agreed with the victim, and the victim wanted to have the Defendant’s wife against the Defendant is favorable to the Defendant.

On the other hand, the defendant has been subject to suspended sentence of imprisonment and fine several times due to violent crimes, and in particular, the defendant is under suspended sentence of the same kind of violent crime in 2015.

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