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(영문) 서울동부지방법원 2014.05.16 2014고단819
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 19, 2014, from around 03:50 on the same day to around 03:55 on the same day, the Defendant: (a) inside the “D” bank operated by the victim C in Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) spits the paper cup and green bags, spit them into the floor by cutting off the paper cup and green bags; (c) spit them again, melting melting melts into the floor; (d) spit them into the floor; (e) spit them into the floor; (e) spit them into the floor; (e) spit them into the floor; (e) spit them back on the floor; and (e) spit them back into the Defendant; and (e) spit them thereafter; and (e) spit down the PC door several times.

Accordingly, the defendant interfered with the operation of the PC by force of the victim.

2. On March 19, 2014, around 03:55, the Defendant: (a) cut off the door door of “D”, which is an employee of the Defendant, on the ground that the door door was not opened in front of the PC room; and (b) laid down three times at the front door and the front glass room of the 650,000 market price, which is the victim C owned by the Defendant.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Each written statement in C and E;

1. Each report on investigation;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 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. Suspension of execution under Article 62 (1) of the Criminal Act (the degree of damage, agreement, circumstances of crime, circumstances after crime, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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