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(영문) 광주지방법원 순천지원 2018.02.08 2017고단1612

업무방해등

Text

A defendant shall be punished by imprisonment for 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

[2017 Highest 1612] On July 10, 2017, the Defendant, within the D main points of the operation of the Victim C (Y, 56 years old) located in the Southern High-gun, Chungcheongnam-gun around 22:43 on July 10, 2017, carried alcohol on the floor and broken off the glass cups of the following beer and beer.

Defendant 1’s Defendant 1

The phrase "I" spreads the beer's face to the victim's face, "I am salkh's salkh', "I amh's salkh's salkh'," and "I amh's salkh's salkh's salkh's salkh's s

Accordingly, the Defendant interfered with the main business of the above victim by force.

[2017 Highest 2890] On September 20, 2017, the Defendant broken off the “G” restaurant of the victim F’s operation located in E at around 21:58 on September 20, 2017, and without any reason, the market price, which is the victim’s ownership, when the market price, which is the victim’s own free of the entrance of the above restaurant.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

[2017 Highest 1612]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (Attachment of field photographs) (2017 Height 2890);

1. Statement by the defendant in court;

1. A H statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment 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. On January 28, 2011, the Defendant, with reasons for sentencing under Article 62-2 of the Criminal Act, is subject to the same type of crime, such as obstructing the performance of official duties and destroying property, and being sentenced to a suspended sentence of three years for a period of eight years in prison due to the crime of injury, in the Gwangju District Court’s net support.

Although the damage caused by each of the crimes in this case is not very serious, the defendant is not liable for repeating the crimes of drinking alcohol and violence.

In addition, considering the age and environment of the defendant and the fact that the defendant does not repeat a crime, punishment to prevent recidivism shall be imposed.