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(영문) 수원지방법원 성남지원 2016.07.06 2016고단1287
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to the suspension of the execution of official duties in Seoul Eastern District Court for six months on February 12, 2015, and the judgment became final and conclusive on February 24, 2015, and is still under probation.

Criminal facts

1. On May 19, 2016, the Defendant intruded into a room in possession of the victim E by the employees of the said union, by entering the entrance door of the said union, which is corrected in a state of drinking, in the front of the D Credit Union located in Seongbuk-gu, Manam-si, Sungnam-si, without any justifiable reason.

2. The Defendant, at the same time and place as set forth in paragraph 1, destroyed property damage and interfered with the business, was required to close the entrance, cut off the entrance, and rupture the above E and the nameless female employees, and rupture rupture rupture rupture rout the entrance to the above E and rupture.

The Defendant “I Dob Dob Dob Dob Dob Dob” to E

Head of the police station, Doz.

It shows the attitude that "" is larger, as it appears, and it seems to be suitable for drinking and drinking, and the Bloboard, which was attached on the window of the office, was removed by hand, and the fire extinguishing machine was spreaded inside the office by putting it on the floor, and then putting it on the fire extinguishing machine.

Accordingly, the defendant damaged the entrances owned by the victim D Credit Cooperative and obstructed the business of the victim's association by force over about 50 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Damage photographs and CCTV photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the period of suspension of execution and report on the same criminal records);

1. Relevant Article 319(1) of the Criminal Act regarding criminal facts at issue (the point of intrusion by room), Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property), and each decision of imprisonment [the Defendant is asserting to the effect that he was in a state of mental or physical weakness or loss by drinking only at the time of committing the instant crime, but the Defendant’s speech and behavior at the time of committing the crime acknowledged by the foregoing evidence.

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