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(영문) 인천지방법원 부천지원 2019.06.14 2019고단151

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 25, 2018, at the convenience store located in Seocheon-si B around 06:30 on December 25, 2018, the Defendant: (a) left the convenience store, and (b) went out of the convenience store to the women of Russia, who are infinite with the names and infinites of customers.

After diving, the Defendant: (a) intending to have the said Russia women enter the said Russia women into the convenience store; and (b) she requested the victim C, an employee of the said convenience store, to help the said Russia women; (c) she expressed the victim’s desire to “I will not have only anything; (d) she will have his father; (e) she will death his father; (e) she will do so; and (e) she attempted to leave the warehouse to the damaged convenience store; and (e) she interfered with the victim’s convenience store management work by avoiding disturbance for about 25 minutes, such as where the said women attempted to have the Defendant enter the warehouse, and the said women forced to leave the warehouse, thereby obstructing the victim’s convenience store management work.

2. The Defendant damaged the victim D (operator of convenience store)’s property by: (a) intending to compulsorily open the doors of a warehouse in which the Russian women entered at the same time and at a place as referred to in paragraph (1); and (b) putting the studs attached to the door from the floor into the floor to fall off the floor; and (c) making the studs fall into the floor and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of C and E;

1. Application of ctv video CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1 year and 6 months) (special person) exists;

(b) Class 2 (Destruction) crimes (the scope of recommendations) and general standards.