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(영문) 창원지방법원 2020.10.23 2020고단2450
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On November 21, 2018, the Defendant was sentenced to one year, etc. at the Changwon District Court, to imprisonment with prison labor for the purpose of attempted crime of death, etc., and completed the execution of the sentence at the Changwon District Court on April 12, 2019.

【Criminal Facts】

1. Around 13:40 on July 28, 2020, the Defendant interfered with the business, while eating in the “D” restaurant operated by the Victim C in Kimhae-si, Kim Jong-si, on the ground that he was forced from the victim to undergo annoying against other customers on the ground that he provided meals on the nearby table table, such as “whether he is a person who is not a candidate for a newspaper.” The Defendant told the victim about about 20 minutes from around that time to around 20 minutes, she saw the victim as “the same year bit bit bit bit bit bit bit bit bit bit bitch,” and set bits on the bottom of the cafeteria, and prevented other customers from entering the cafeteria.

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

2. On July 28, 2020, the Defendant: (a) around 13:45 on July 28, 2020, at the entrance of a restaurant as stated in paragraph (1) of the above charge of the operation of the Victim C, he laid a stack of at least KRW 15,000, the market price of the victim’s possession, which was placed at the entrance of the restaurant; and (b) on the same day, at around 18:08 on the same day, the Defendant destroyed the property at the market price of KRW 200,00, the market price of the victim’s possession, which was located at the entrance of the said restaurant

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Report on the occurrence of the police statement C in relation to the defendant's legal statement, report on the internal investigation, damage report and photograph, and receipt;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of the facts constituting a crime during the period of repeated crime of a suspect);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

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