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(영문) 춘천지방법원 강릉지원 2016.09.29 2016고단1058
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 13, 2016, the Defendant demanded the victim to undergo alcohol at the “E” entertainment drinking point operated by the victim D, which is located in Gangseo-si, Gangnam-si, D on August 13, 2016, but the victim did not sell the alcohol to the Defendant.

On the ground that he said, he saw “Chewing h.h.”, and caused another customer to take out of the main place for about 20 minutes by avoiding a disturbance for about 150,000 won of the market value, which is the victim’s possession, in excess of 150,000 won.

Accordingly, the defendant, by force, interfered with the operation of the victim's entertainment store and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (report related to calculating the amount of damage inflicted on property);

1. Application of statutes on field photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 3166 of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment with prison labor for each of them under Article 314 (1) of the Criminal Act;

1. The period of suspension of execution due to interference with the duties of the same type (in the event of alcohol, obstructing main business by force) as the same reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes. The scope of the recommended sentencing guidelines for the following reasons: Imprisonment with prison labor for six months, with labor for one year and six months [6 months, with recommendation for interference with basic duties, six months (in the case of interference with duties, interference with duties, and basic areas), and four months, with recommendation for the crime of destroying property, which is concurrent crimes (in the case of destruction crimes, general standards, type 1, and basic areas)]; the standards for processing multiple crimes based on ten months (in the case of damage crimes, general standards, type 1)];

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