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(영문) 대전지방법원 2016.12.13 2016고단3169

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. From around 07:00 on July 23, 2016 to 07:30 on the same day, the Defendant interfered with the business of the victim C, who was in Daejeon Jung-gu, Daejeon, left the restaurant of “D” in which he works as an employee, and left the restaurant of the victim under the influence of alcohol, and thus, other customers would be able to be able to frightly, and “I am fright,” and “I am a fright, I am., I am.,” and interfered with the victim’s restaurant business by having customers feel a pipe fright.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. The Defendant damaged the property by cutting the water reservoir, dispute pots, piling pots, and pots as stated in Paragraph 1 at the same time and place as stated in Paragraph 1. The Defendant destroyed the water reservoir glass of the above planting drying machine so as to cover approximately KRW 120,000 won of the repair cost, by cutting the clibing engine, which is the victim’s possession in the main room.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 314 of the Criminal Act, Article 314 of the Criminal Act, Article 366 of the Criminal Act, and 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 crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act shall be determined as ordered by comprehensively taking into account the following circumstances: (a) the possibility of criticism is not low in light of the applicable law and behavior; (b) the defendant has committed several offenses of violence and criminal records that have been sentenced several times to fines for the same kind of crimes; (c) the defendant is against the victim; (d) the defendant has no criminal records that have been punished for more than five years; and (e) the favorable circumstances, such as the defendant’s age, character and conduct, and environment, and other various conditions