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(영문) 수원지방법원 2016.12.14 2016고단5458
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 14, 2016, at around 00:10, the Defendant interfered with the business of the Defendant: (a) destroyed a beer’s disease by gathering beer disease while drinking alcohol at the drinking house called “D” operated by the Victim C in Suwon-si, Suwon-si; and (b) interfered with the business of the victim by force by getting two other customers who were outside of the said place to get the victim to get out of the area by avoiding disturbance, such as having the victim take away the Defendant, and had the victim take away from the body, who was an employee at the said drinking house.

2. The Defendant causing property damage, at the time and place set forth in paragraph (1), destroyed the victim’s inside and outside of the floor by cutting the beer’s disease without any justifiable reason, thereby making it unusable temporarily by scaming the victim’s interest in beer, and destroying the victim’s inside and outside of the floor at which the victim was dead and collected, thereby impairing its utility.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. C and E written statements;

1. Investigative reports (to hear statements from victims);

1. Application of statutes on field photographs;

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

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

1. The fact that the defendant was in a drunken state at the time of committing a crime as to whether he/she has mental or physical disorder as prescribed in Article 62 (1) of the Criminal Act is recognized, but the defendant did not have the ability to discern things or make decisions due to drinking, in light of the situation at the time of committing the crime

It does not seem that it was or weak.

The reason for sentencing shall be the one-month mitigation area (i.e., month or August) (ii) the mitigation area (i.e., special mitigation), and the second crime (i.e., damage and damage), which shall be recommended.

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