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(영문) 수원지방법원 평택지원 2016.03.25 2015고단1389

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

"2015 Highest 1389"

1. On September 4, 2015, the Defendant interfered with his duties, on September 4, 2015, on the ground that he, alone, drinked about 206 “D’s operation” of the victim C in Pyeongtaek-si B, and she, alone, had another customer who is familiar with a disturbance, such as walking a string door for about 5 hours, left the house.

Accordingly, the defendant interfered with the victim's female business by force.

2. The Defendant damaged the property at the time, place, as described in paragraph 1, and destroyed the property by drinking a fluence of the market price, which is the victim’s possession, for the said reasons.

Accordingly, the defendant damaged the victim's property.

On February 9, 2016, the Defendant: (a) 19:10 on February 9, 2016, the Defendant: (b) was able to sing in the singing room operated by the Victim F in Pyeongtaek-si; (c) and (d) was able to sing in the form of alcohol, and (d) was able to sing in the form of TV monitors, and the market price was 110,000 won.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service and lecture attendance order, and Article 59 of the Protection, Observation, etc.;

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

1. Determination of types - Basic crimes: Obstruction of duties - Concurrent crimes: One type of crime for destruction (Simple damage to property);

1. Special sentencing factors - No basic crime: - No one shall be punished for a certain victim, and the minor damage (a mitigated factor);

1. Scope of recommendations - Basic crimes: Imprisonment for four months to ten months (basic areas): Imprisonment for concurrent crimes: not more than six months (the area of mitigation);