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(영문) 인천지방법원 2017.05.24 2017고단1919
업무방해
Text

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

Reasons

Punishment of the crime

[criminal records] On September 30, 2015, the Defendant was sentenced to seven months of imprisonment with prison labor by obstructing business operations at the Incheon District Court, and the execution of the sentence was terminated on December 19, 2015.

[2] On March 14, 2017, from around 18:00 to around 19:20 of the same day, the Defendant: (a) expressed a disturbance to the victim’s main business without any justifiable reason, such as “to see opening, opening the same year for the opening, going back, and seeing” at the J main point operated by the victim I (the age of 64) of the Nam-gu Incheon Metropolitan City from around 18:0 to around 19:20 of the same day; and (b) caused the victim to go against the victim’s main business by having the victim go against, and preventing other customers from entering.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Previous convictions as indicated in the judgment: The text of the judgment (the Incheon District Court 2015 High Court 3027, 3201 (Consolidation), the text of the judgment (the Incheon District Court 2015No 3865), and the application of statutes on the current status of individual confinements;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] interference with the duties of Article 35 of the Criminal Act [the scope of punishment] The punishment is set as the order by taking into account the following circumstances: the defendant's age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc.: the lower limit of the punishment is lowered; and the punishment is set as the order, by lowering the lower limit of the punishment.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

No tangible power used by the defendant shall be severe.

The agreement was reached with the victim.

Unfavorable circumstances: The defendant has been punished for the same kind of crime over several times.

At the time of the crime of this case, the Defendant committed the crime of this case without being able to commit a repeated crime due to the same crime.

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