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(영문) 의정부지방법원 2014.11.07 2014고단3208

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 21:00 on August 29, 2014, the Defendant used “D” entertainment taverns located in Ma Government-si, Ma, demanding KRW 20,000 to the victim E (the age of 44) who had been living together for two months, and had been employed by the victim, for his/her mobile phone charges and transportation expenses, but he/she was refused to demand KRW 20,000 to the victim E (the age of 44), and he/she saw the victim's hand, leading the victim to the above main point and leading the victim in the future, and assaulted the victim at 3-4 times with the victim's left hand.

2. On September 4, 2014, from around 04:00 to about 04:30 minutes of the same day, the Defendant demanded that his female take out of the entertainment tavern, on the ground that the said E, an employee of the said main office, provides the said E with the introduction of an employee and does not contact with the said employee, from the “H” entertainment drinking house operated by the victim G in the Gu-si F for about 30 minutes from around 04:0 to around 04:30 minutes of the same day, the Defendant: (a) demanded that the said E, an employee of the said main office, leave the place; and (b) caused the disturbance, such as putting the entrance door up to 2:3 times; and (c) by force, the victim’

3. The Defendant causing property damage, on the grounds as stated in paragraph (2), destroyed the entrance door of the entertainment tavern “H,” which is owned by the victim G on the grounds as stated in paragraph (2), to the extent that KRW 30,000 of the repair cost, such as replacement of a cover of the entrance door, was attached to the said entrance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and G;

1. A report on investigation (related relation, etc.);

1. On-site photographs (place of criminal conduct and damaged articles);

1. Photographs of the victim;

1. Application of investigation reports (verification of details of damage caused by damage) statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

1. From June 4, 201 to October 31, 2013, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders.