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(영문) 수원지방법원 2020.09.24 2020고단4052

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 2019, the Defendant interfered with the duties of the Defendant: (a) around 2019, at the D restaurant operated by the Defendant, which was operated by the Defendant, the Defendant: (b) had a large voice among customers; (c) had a disturbance for about one hour; (d) obstructed the victim’s restaurant business by force; and (e) had a total of seven occasions from that time to April 29, 2020, the Defendant interfered with the victim’s restaurant business by neglecting the failure as indicated in the list of crimes in the attached list of crimes.

2. On April 4, 2020, at around 2:00, the Defendant damaged the said vehicle by walking the door of the Hiana vehicle owned by the victim G in front of the “F cafeteria” located in the wife population E, and thereby damaging the said vehicle by walking the door of the Hiana vehicle owned by the victim G so that the market value is insignificant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation reports on respective statements of G, C, J, K, L, M, and N (the hearing reports on victims' L phone statements);

1. Application of the Acts and subordinate statutes to photographs damaged by each CCTV image or damage to property;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant of the suspended sentence has a record of being punished several times for the same kind of crime, but has failed to control his violent inclinations and has caused community anxiety.

However, in consideration of the fact that the victims have agreed smoothly with the victims, and that their mistakes have been recognized and repented, the punishment shall be determined as per the order.