beta
(영문) 수원지방법원 안산지원 2016.10.28 2015고단3429

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on November 12, 2015, the Defendant: (a) under the influence of alcohol at the OO shop operated by the victim C located in Ansan-si, Ansan-si, the Defendant: (b) took a bath, without any justifiable reason, such as “coppy, the same elderly,” and (c) took a 40-minute of the disturbance, such as gathering a stringer with which the market price, which is the victim’s on the table, could not be known; and (d) broken it out.

Accordingly, the defendant interfered with the victim's main business and damaged another's property by force.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs;

1. Application of the receipt statute

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (1 to 6 months), mitigation area (1 to 3 months), mitigation area (including damage and destruction, etc.) (1 to 3 months), mitigation area (including special mitigation), mitigation area), mitigation area (including serious effort for recovery of damage), or considerable damage and damage are considerably recovered, the scope of final sentencing due to the aggravation of multiple crimes (1 to 8 months): January 11 month;

2. The defendant's age, character and conduct, environment, background of the crime in this case, circumstances after the crime, etc.