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(영문) 전주지방법원 2017.05.24 2017고단509

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2017, the Defendant interfered with the business of the Defendant: (a) dricking the victim C at a stage while under the influence of alcohol in the “Dice 2” operated by the victim C, which is located in the front city B on February 19:30, 2017; and (b) dricking the victim’s slick at the entrance of the victim so that “A slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick,” and obstructed the victim’s slick business operation by force for about 30 minutes.

2. On March 3, 2017, at around 23:35, the Defendant damaged the damaged property by taking the 425,000 won of the repair cost, following the left-hand panion of the HK5 car owned by the Victim G, which was parked in the “F,” in front of the “F,” located in the front of the “F,” located in the Y5-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Man-dong photographs of the defendant;

1. Investigation report (to hear statements made by victims C);

1. A damaged photograph;

1. Application of the written estimate statutes;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (a confession, reflectiveness, and partial agreement)

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Duties) [Scope of the recommended punishment] and the scope of the final punishment due to the increase of multiple crimes where the scope of the punishment is not subject to punishment (including serious efforts for recovery of damage), or a significant damage is restored, in the case of the crimes falling under Category 1 (Obstruction of Duties) and the basic area (6 months to one year and six months) [the scope of the recommended punishment] without any special sentencing person [the scope of the punishment] and the mitigation area (1 month to six months), the mitigation area (including damage of property, etc.], or the scope of the final punishment due to the increase of multiple crimes: Six months to September 1:

2. The age, sex, and administration of the accused in the following circumstances: