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(영문) 대전지방법원 2014.04.04 2014고단602
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 24, 2014, from around 18:00 to around 20:20, the Defendant interfered with the business of the victim’s main business by force, such as: (a) while drinking alcohol at the main points of “E” operated by the victim D in Daejeon Dong-gu Daejeon, the Defendant obstructed the victim’s main business by avoiding disturbance, such as drinking the trustor and intending to give other customers a bath.

2. The Defendant damaged an unregistered property at the market price, which is the victim’s possession, by making a string (1.2m aro, 1.5m a vertical length) attached to the main toilet at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 366 of the Criminal Act, the choice of punishment for the crime, Articles 314 (1) and 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The execution of imprisonment with prison labor shall be suspended only once, taking into consideration the following factors: one time, two times, and two times, of the same suspended sentence, three times, one time, of the suspended sentence of imprisonment with prison labor, minor damage, damage to a large number of previous crimes, damage recovery, the age, health, family relationship, and social ties of the defendant who is not subject to the punishment of the victim, as well as the attitude of a serious reflective relationship with the victim:

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