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(영문) 부산지방법원 동부지원 2017.04.27 2016고단1179
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2016, around 06:00, the Defendant ordered a closed-off room to the victim at the E convenience store located in Busan Shipping Daegu D, where the victim C was an employee, but was requested by the victim who was unable to hear this order again from the victim who was unable to hear it, and the Defendant: “The Dok Dok Dok alk alk alk alk alk alk.”

The advertising board, which was attached in front of the stringter, such as dumping, dumping, walking the advertising board, and cutting the tobacco advertising board on the floor of the stringter, was damaged by harming the above advertising board.

Accordingly, the defendant interfered with the convenience store business of the victim, and damaged the property managed by the victim to the extent that the sum of the repair cost exceeds 70,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property) and selection of imprisonment with prison labor for criminal facts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance where the crime of this case is committed by using violence, such as avoiding disturbance at the convenience store and destroying advertising boards that had been located therein. The crime is bad, the defendant has a majority of criminal records of the same kind including suspended execution, and the defendant has not made every effort to recover damage until now.

However, the fact that the defendant recognizes the facts charged is favorable circumstances.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Minor Offenses - Interference with Duties: Disturbive Crime group, interference with duties, etc.

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