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(영문) 인천지방법원 2017.01.13 2016고단7466

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

1. On October 22, 2016, the Defendant: (a) 01:30, around October 22, 2016, went out of the restaurant after entering the “C cafeteria” located in Seo-gu Incheon, Seo-gu, Incheon; (b) was under the influence of alcohol and was under the influence of alcohol; and (c) went out of the restaurant.

In this form, the husband of the victim D (A. 44 years old) said this to be the Defendant “Isle Mara, anywhere in the future, a person who is not a person at all times in the future.” In addition, Is up to the above restaurant and the years in which Isle, “Isle and die when Isle, Isle and die, Isle.”

“The cafeteria interfered with the victim’s restaurant work by force between approximately 20 minutes, namely, sound, carrying the chair in the said restaurant, and by force.

2. The Defendant damaged property, at the time and place specified in paragraph 1, by placing the chairs in the above restaurant, and placing them on the table, and causing the table to be stamped on the chair, thereby damaging the table of approximately KRW 75,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of related Acts and subordinate statutes to photographs;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Type 1 (Interference with Business Affairs) (Interference with Business Affairs) is not subject to punishment for the mitigated area (one month to eight months) (special mitigation factors).

(b) Crimes No. 2 (Destruction) [Scope of Recommendation] General Criteria (Destruction of Property, etc.] In the mitigation area (one month to six months) (Special Mitigation Persons) (Special Mitigation Persons)

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

2. The decision of the sentence is against the defendant and recognized as a crime, and the injured person wishes to punish the defendant by mutual agreement with the victim.