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(영문) 수원지방법원 2020.01.16 2019고단5420

업무방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 재물손괴 피고인은 2019. 8. 20. 19:25경 수원시 팔달구 B, 3층 소재 피해자 C 운영의 ‘D’에서, 피고인의 지인들이 위 게임장에서 다투는 것에 화가 나, 77번 게임기 위에 놓여 있던 게임 자동진행 장치(일명 : 똑딱이)를 들고 게임기 모니터 화면을 향해 집어 던져 피해자 소유인 시가 100만 원 상당의 게임기 모니터를 깨뜨려 손괴하였다.

2. The Defendant interfered with the business of the victim’s game room business for about 10 minutes by force, such as destroying monitors at the date, time, and place mentioned in paragraph (1) as above, taking a large amount of desire to take the game room out, allowing customers in the game room out of the game room, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to the scene and photographs of damaged articles;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendations], the basic field of crime (the scope of recommendation field and recommendation range], and six months to one year and six months; and

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. Determination of sentence: The following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.