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(영문) 수원지방법원 평택지원 2016.01.21 2015고단1906
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 13, 2015, the Defendant interfered with the Defendant’s business at the two-use car F business office managed by the victim E in Pyeongtaek-si on December 13, 2015: (a) set off the glass entrance of a business establishment without any reason under the influence of alcohol; (b) set off a computer monitor on the floor, and laid down the telephone device on the floor; (c) laid down on the floor with a chemical part located therein; and (d) obstructed the victim’s automobile sales business by making other customers who had been displayed at the place, such as the car gate part of the projected.

2. The Defendant damaged property at the above date, at the above time and at the above place, a computer monitor was carried out on a pair of vehicles owned by the victim, and the monitoring was broken down by putting it on the floor, putting it out on the floor with a telephone machine, breaking it out by putting it out on the floor with a chemical part, and breaking off the part of the driver’s seat gate with a slotr, which is the victim’s possession, such as telephone, monitor, chemical powder, and knife of the driver’s seat gate. The Defendant damaged the victim’s property by making it difficult for the victim to know the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant Article 314 of the Criminal Act, Article 314-1 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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

1. Crimes 1 (Interference with Business) applicable to sentencing guidelines on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and sentencing: [Scope of recommending punishment] Class 1 (Interference with Business) interference with business: Crimes (In January-8, 200) in the mitigation area (Article 1) [the scope of recommending punishment] [the scope of recommending punishment] according to the increase of multiple offenders in the mitigation area (Article 1-6, and Article 62-2 of the Criminal Act) (Article 62-2 of the Criminal Act (Article 62-2): The fact that a damaged person who was sentenced in January-11 does not want to punish a defendant;

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