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(영문) 수원지방법원 안양지원 2017.03.31 2016고단1154
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2016 Highest 1154]

1. On May 26, 2016, the Defendant obstructed the victim F, who is an employee of the convenience store, by speaking in the “D” located in Sanyang-si, Sanyang-si, Sanyang-si, and speaking in the “D,” and speaking in the “D,” the victim F, who is an employee of the convenience store, “after making this work.” The Defendant obstructed the victim’s convenience store management by force by preventing the police officers from entering the convenience store by 20 minutes without complying with the police officers’ request for evacuation.

[2016 Highest 1712]

2. On October 5, 2016, the Defendant assaulted the victim, such as flobing bat at the front of the toilet at the entrance of the 'Tuk-gu, 106', ‘Tuk-gu, 106', in Anyang-gu, Annyang-gu, Mayang-ro, 106, without any reason.

Summary of Evidence

[2016 Highest 1154]

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A investigation report (in relation to field CCTVs), and a investigation report (Analysis of the content ofCCTVs);

1. Statement by the defendant in court;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Protective observation and community service order sentencing under Article 62-2 of the Criminal Act is due (the scope of the recommended sentence according to the sentencing guidelines) - Violence - Fundamental area of Category 1 (General Violence) (the period between February and October) (the period from February to October) (the period from which no person is subject to special sentencing) - In the mitigated area (the period from January to August) (the period from which he/she is subject to special mitigation) - The mitigated area of special mitigation: the scope of the final recommended sentence due to the aggravation of multiple crimes that are not subject to punishment: Imprisonment from February to February 2 (the decision of sentence).

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