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(영문) 서울북부지방법원 2021.01.08 2020고단556

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From December 30, 2019 to December 14:25, 2019, the Defendant: (a) obstructed the business, damaged property, etc. at the D mobile phone store operated by the victim C in Dongdaemun-gu Seoul, Dongdaemun-gu, for the reason that the victim does not accept the mobile phone purchased by himself/herself; (b) caused the victim by drinking a chemical display stand on the ground that he/she does not repair the mobile phone; and (c) caused the damage to the computers used by the victim, and caused the shock of the direction stringk by putting the stringk.

Accordingly, the defendant interfered with the mobile phone sales business of the victim by force, and damaged the property owned by the victim so that the amount equivalent to 1.20,000 won of the repair cost.

2. On January 8, 2020, at around 16:01, the Defendant damaged the property owned by the victim so that the sum of repair costs would be KRW 8.60,000,00 of the repair cost by breaking the computer monitoring and display stand, which is a dangerous object that was prepared in advance with a complaint to the above victim’s service.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. C and E’s application of Acts and subordinate statutes related to seized articles, such as the search report on seizure of each written statement, list of seized lists (victim’s additional statement hearing), investigation report (verification of repair cost prior to skke), investigation report (related to submission of acceptance estimates), photophones carrying an investigation report (victim Eline statement hearing), text message details, records of damaged pictures and transaction specifications, and messages of written estimates;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 369(1) of the Criminal Act, and Article 369(1) of the Criminal Act, the choice of imprisonment with 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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from January to June 2;