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(영문) 인천지방법원 2016.04.11 2016고단945

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On December 14, 2015, at around 20:19, the Defendant: (a) opened a main visit at the “D” point at which the victim C of the 1st floor of Bupyeong-gu Incheon, Bupyeong-gu B building works; (b) took a large volume of waste to the victim; and (c) expressed the victim’s desire to “the flob ch head of the same flobbb ch head” and collected the chair, thereby obstructing the victim’s main business by force.

2. The Defendant damaged the property by cutting the chair at the above time and at the above place to the floor, and destroying the victim’s name in a 978,000 won market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of written estimates and field photograph Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, for the 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, including observation of protection and community service order;

1. Sentencing criteria: Each area subject to mitigation of interfering with duties and damage to property (the range of final sentences due to the increase of multiple offenses, one month to one month, no penalty, and one year);

2. Crimes that interfere with business and commit property damage at the main point where the defendant is under the influence of alcohol, are not somewhat weak;

The defendant has many records of interference with business and damage to property, and has committed recidivism since the period of probation expires.

Therefore, the defendant is sentenced to imprisonment.

However, the term of punishment shall be determined in consideration of the fact that the defendant acknowledges the crime and agrees with E, the main place of the actual victim, and that the victim seeks the defendant's prior action, and the execution of the sentence shall be suspended.

In addition, in order to prevent recidivism, the defendant's protection and observation is ordered and community service is ordered.