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(영문) 수원지방법원 2018.09.06 2018고단4111
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 21, 2018, at around 23:15, the Defendant: (a) was under the influence of alcohol while running a singing in D’s “D’s 1st floor located underground in Suwon-si, Suwon-si, Suwon-si; (b) and (c) was under the influence of alcohol, the Defendant: (a) got drunk; and (b) ELF’s 707 singing monitoring at a price equivalent to KRW 2 million, the victim E-owned.

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

2. From Jun. 21, 2018 to Jun. 23:26, 2018, the Defendant: (a) took a bath for the victim on the ground that the victim demanded compensation from the victim C’s “D” of the victim’s operation as indicated in paragraph (1) around 23:34 on the same day; (b) took the victim’s bath to the victim on the ground that the victim demanded compensation from the Defendant’s shoulder monitor as indicated in paragraph (1); and (c) broken down six Macer who was on the table, left the floor, thereby obstructing the damaged victim’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes governing field photographs;

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

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment imposed on heavier property damage);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties (Interference with Type 1 (Obstruction of Duties) (Specially mitigated Persons)] Suspension of Punishment (including a serious effort to recover damage);

(b) Class 2 Crimes (Destruction) [Scope of the Punishment] and Class 1 (Destruction of Property, etc.) (1-6 months) and the mitigated area (1-6 months) (including serious efforts to recover damage) and significant damage have been restored.

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