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(영문) 서울남부지방법원 2016.09.30 2016고단3254
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On November 30, 201, the Defendant was sentenced to six months of imprisonment and one year of suspended execution as a crime of injury at the Seoul Southern District Court, and 700,000 won of fine due to assault, etc. at the Seoul Southern District Court on August 21, 2012. On August 14, 2014, the Seoul Southern District Court sentenced 10 months of imprisonment and two years of suspended execution as a crime of interference with official duties in the Seoul Southern District Court on January 31, 2015, which became final and conclusive on January 31, 2015, and the same criminal records were more than 29 times of suspended execution.

[Criminal facts]

1. Around 20:55 on June 25, 2016, the Defendant obstructed the victim’s main business by avoiding disturbance for about 20 minutes, such as taking a bath for the victim, and driving away outside the main customers, on the grounds that the drinking value has been excessive inside the “D” headline for the operation of the victim C in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

Accordingly, the defendant interfered with the victim's main business.

2. The Defendant damaged property at the same time and place as described in paragraph 1 above, and at the same time and place as described in the foregoing paragraph, the Defendant destroyed a disturbance within the “D” heading of the Victim C’s Operation due to the foregoing problem, and damaged the wind hole owned by the victim beyond the floor.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of damaged goods;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (report by the suspect on the criminal history, etc. of the offense), report on the results of confirmation of the previous convictions in disposition, and application

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

(b) 2 offences (damages) (Scope of recommendations). General standards.

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