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(영문) 수원지방법원 2017.08.21 2017고단3323

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

(e).

Reasons

Punishment of the crime

【The Defendant was sentenced to a sentence of special intimidation, damage to property, imprisonment with prison labor for 8 months in fraud, and imprisonment with prison labor for 2 years in probation on August 9, 2017. The above judgment became final and conclusive on August 17, 2017.

[Criminal Facts]

1. On March 30, 2017, the Defendant damaged property: (a) around 01:49 around 01:49, the Defendant opened a D restaurant, in his/her hand, radio Blus earphones, the market price of which is equivalent to KRW 80,00,00 in the victim E, and then removed it; and (b) continued to walk the victim Fer in the restaurant, who is the victim Fer in his/her market value, she laid down the Blus ridge part of the above victim Fers.

Accordingly, the defendant damaged the victims' property.

2. On March 30, 2017, the Defendant: (a) around 01:49, the Defendant: (b) drunkd in the instant D restaurant operated by the Victim F; (c) obstructed the Defendant from entering the said restaurant by avoiding a disturbance for about 20 minutes; and (d) prevented other customers from entering the said restaurant.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to E and F;

1. Six site photographs;

1. Previous convictions: Before a disposition, one copy of the judgment, appellate judgment, application of statutes concerning the search of Supreme Court cases;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. The Defendant, on the grounds of the suspended sentence under Article 62(1) of the Criminal Act, was punished by a fine of seven times in addition to a suspended sentence of imprisonment with prison labor for committing violent crimes. The Defendant, on January 12, 2017, was sentenced to the first instance judgment (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 120 hours of community service) related to the previous offense in the instant case, and is still serving in the appellate trial.