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(영문) 인천지방법원 2021.02.04 2020고단3967

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

On May 3, 2020, the Defendant: (a) at around 01:40 on May 3, 2020, at “D” operated by the victim C in the Incheon Cheongjin-gun, Incheon, the Defendant broken the alcohol disease on his/her container surface without any particular reason; and (b) continued to interfere with the victim’s singing operation by force by avoiding disturbance about 10 minutes, such as crying the disease on his/her corridor, and bitching the victim into the corridor.

On November 7, 2020, the Defendant: (a) around 21:21 on November 7, 2020, around 2020, the Defendant 11529 of the 2020 Go-dan 11529, left the road on the front of “F” located on the road, which was stopped on the road without any justifiable reason; (b) Hashed the part of the guard unit of the victim G, which was owned by the victim G, once a week, and caused the victim to cover KRW 478,00 of the repair cost, such as the backboard.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

“200 Highest 3967”

1. Application of Acts and subordinate statutes to photographs of damaged vehicles in written statements C to the defendant's legal statement G in relation to the defendant's legal statement G in 2020, 11529, the defendant's written statement C to the court;

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 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

(a) Class 1 Crimes (Interference with Business) [Determination of Type] Interference with Business Affairs (Type 1] There is no interference [Special Sentencing] with business affairs (the scope of recommended areas and recommendations] [the scope of punishment], basic area of crime (the scope of recommended areas and recommendations], six months through one year and six months;

(b) Group 2 crime (property damage) . [Determination of Type] . [No person who is subject to special sentencing], such as property damage (type 1] . [The territory of recommendation and the scope of recommended punishment] . The basic area of crime (property damage) . . 4 months to 10 months;

(c) multiple crimes;