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(영문) 부산지방법원 2018.05.02 2017고단3204
업무방해등
Text

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

Reasons

Punishment of the crime

On July 23, 2014, the Defendant was sentenced to four months of imprisonment for the crime of assault at Busan District Court, and the execution of the sentence was completed on January 20, 2015 at the Changwon Prison.

On June 11, 2017, the Defendant interfered with the parte business of the injured party by force for about two hours, such as 13:00 on June 11, 2017, the victim D ( South, 53 years old) located in Busan coastal Organization C, and the Mat business of the injured party by force, such as: (a) under the influence of alcohol, the flusing of the flus in a light of the brush; (b) the flus of the flus; (c) the flus of the flus of the flus; and (d) the flus of the flus of the flus of the flus; and (d) the

around 22:00 on February 23, 2018, the Defendant found to be the house of the victim G (n, 69 years of age) located in Busan Southern-gu, Busan-gu, but the victim did not open the entrance by reporting the Defendant who was in the influence of alcohol, and did not open the entrance. However, the Defendant damaged the door door so that the new combustion in the entrance was laid at the entrance of the victim's entrance, and the repair cost could not be known.

Summary of Evidence

[2017 Highest 3204]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, etc. (A), investigation report (Attachment to Judgment, etc.);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed by a violation of heavier business affairs);

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Obstruction of Duties) (Scope of Recommendation) and obstruction of duties; Type 1 (Obstruction of Duties) (Interference with 6 months to 1 June);

(b) 2 offences (property damage) (the scope of recommendations) general.

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