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(영문) 광주지방법원 해남지원 2018.05.31 2017고단435
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 4, 2015, the Defendant was sentenced to six months of imprisonment with prison labor by obstructing business operations in the Southern Branch of the Gwangju District Court, and completed the execution of the sentence in the Southern Branch on May 20, 2015.

[Criminal facts] The Defendant: (a) from around 11:20 on August 10, 2017 to around 11:30 on the same day to around 11:30 on the same day, up to the E convenience stores operated by the victim DD located in the Gun of South Do; and (b) “A” for those who have laid down a consignee and a sentry on the floor and passed away.

In order to prevent customers from entering the convenience store by putting the disturbance, such as hinginging off the death, etc., it interfered with the victim's convenience store business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV images;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of a copy of the judgment;

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. Areas subject to reduction of sentencing guidelines [the scope of recommending punishment] and category 1 (Interference with Duties): Imprisonment for one month to eight months (special mitigation/increased) for which punishment is not permissible / identical repeated crimes;

2. The Defendant, who has been sentenced to punishment for violent crimes, committed the instant crime even though he had been under the period of repeated crime due to the same kind of crime.

The degree of violence used by the defendant is very serious, and the service of the victim was considerably hindered.

However, the Defendant recognized all of his mistake and reflected, and agreed with the victim.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.

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