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(영문) 춘천지방법원강릉지원 2020.09.24 2020고단654
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 30, 2020, from around 02:15 to around 02:30, the Defendant demanded that the victim C, which was operated by Gangnam-si, be “B” and “B” in combination with female customers who are the seat of the victim, but was rejected by the female, the Defendant was able to avoid disturbance for about 15 minutes, including: (a) the Defendant: (b) the Defendant, in his hand, knife the inside room, knife the inside room, destroyed the repair cost of approximately KRW 50,00,00; (c) the Defendant sawd the knife, knife the knife, and knife the knife, and knife the knife, and knife the knife’s knife.

Accordingly, the defendant damaged the property owned by the victim and interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report - Application of Acts and subordinate statutes of report on internal investigation (teleline for Witnesses Eline);

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(b) Crimes No. 2 (Determination of Pronouncement of Punishment) (Destruction of Property) (Destruction of Property) [No. 1] Damage, etc. (Special Aggravation of Punishment): In a case where punishment is not granted (including serious efforts to recover damage), or significant damage is recovered (the scope of recommending area and the scope of recommending punishment), reduction area, one month to six months of imprisonment.

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