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(영문) 수원지방법원 성남지원 2017.03.03 2017고단182

업무방해등

Text

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

Reasons

Punishment of the crime

1. On January 24, 2017, the Defendant obstructed the convenience store business of E, a business owner by force over about 15 minutes, such as purchasing a small liquor at the D convenience store located in Gwangju-si, Gwangju-si and drinking alcohol, prohibiting other customers from entering the entrance by locking the lock door, cutting off the entrance door and the door of the small liquor 6 sick, cutting down the displayed products, and cutting down the floor.

2. The Defendant destroyed property at the same time and place as set forth in paragraph 1, and at the same time and place as set forth in paragraph 1, the Defendant destroyed the utility of the product, such as: (a) thrown the entrance and exhaustion of the soldiers; and (b) thrown the calculating unit monitor by hand; and (c) damaged the victim E’s market price of KRW 175,000, the owner of the business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A protocol of seizure and a list of seizure;

1. 112 Declarations;

1. An investigation report (related to submission of a written estimate for damage);

1. Application of Acts and subordinate statutes to photographs, criminal video CDs, seized articles photographs by cutting down CCTV to and after the on-site photographs, and chapter of CCTV;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the aggravation of concurrent crimes;

1. Scope of the recommended sentence;

(a) Type 1 (Interference with Duties) (Interference with Duties) is the basic area (from June to one year and six months) (a person who has no special sentencing factors).

B. Class 1 (Destruction of Property, etc.) basic area (from April to October) (special sentencing factors) is not included in Category 2 (Destruction of Property, etc.) general standards.

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. [Determination of Sentence] Taking into account the following circumstances, such as the age, sex, family relation, family environment, motive and means of the crime, and circumstances that form the sentencing conditions stated in the records of this case, the sentence like the order.