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(영문) 인천지방법원 2016.09.23 2016고정1502
업무방해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner of the “E camping site” located in Incheon Strengthening-gun D, and the victim F has operated and operated the above camping site.

1. On June 2015, the Defendant interfered with the business of the victim by arbitrarily submitting a stop system to the Gun office to prevent the victim from operating his/her business at the above camping site without the victim’s consent.

2. On August 20, 2015, the Defendant destroyed property: (a) around 14:00 on August 20, 2015, the Defendant opened 6 camping site in the above camping site, and 11 keys, a locking device installed in the same Dong in the water tank building, thereby impairing its utility.

3. The Defendant intruded upon a structure in the course of destroying the key to a lock pool managed by the damaged person for the purpose of interfering with the business of the injured person at the time and place specified in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement of the police statement related to G (F);

1. Submission of a document, such as a certificate or record of all registered matters;

1. A replaced key photograph;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation as to whether business suspension is submitted);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, Article 319 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the age of the defendant has no record of criminal punishment for the same kind of crime until the transfer of the instant case, and now his or her mistake is divided and reflected.

In addition, there have been many economic disputes, such as the debtor and the lessee's failure to pay the money, and the defendant who suffered a considerable loss at the time of the occurrence of the above process is contingent and shocked.

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