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(영문) 부산지방법원 동부지원 2018.10.10 2018고단1600
업무방해등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 29, 2016, the Defendant was sentenced to eight months of imprisonment due to property damage, etc. in the Dong branch of the Busan District Court, and completed the execution of the sentence in Busan District Court on February 3, 2017.

[Criminal facts]

1. Around 22:00 on May 21, 2018, the Defendant: (a) entered the “Esing room” operated by the victim D in Busan, Daegu, Busan, Daegu C underground, and changed water to the employees; (b) on the ground that the employees provided water to the Defendant, the Defendant destroyed the water by means of cutting down 20,000 won of the market price owned by the victim on the table, which is the sum of 50,000 won of the market price on the table, on the ground that he/she provided water to the Defendant.

2. The Defendant, at the same time and place as Paragraph 1, destroyed the signs inside the business establishment as Paragraph 1, and continuously took a bath to the said victims D and his employees, thereby obstructing the victim’s singing room business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. On-site photographs;

1. Previous records of judgment: The results of criminal inquiries, investigation reports (Attachment of the records of repeated crimes of a suspect, attachment of the court records of a criminal suspect, attachment of the court records of the person who is the victim), reporting of the results of previous records of disposition and confirmation

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for concurrent crimes are as follows: (a) the aggravated area (1 to 3 years) (1 to 6 months) of the aggravated area (1 to 4 months) of the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) the aggravated area (2) of the same type of repeated crime (2) [the scope of the recommended punishment] of the aggravated area (8 months to 1 year and 6 months) of the aggravated area (1 to 6 months) of the aggravated area (a person of special aggravated punishment) of the same type of repeated crime (a person of aggravated punishment) [a person of aggravated punishment] of the aggravated area (a person of aggravated punishment due to a multiple aggravated punishment of the same type of repeated crime: A year to 14 years [the sentence].

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