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(영문) 의정부지방법원 고양지원 2020.04.09 2020고단586
업무방해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On July 19, 2019, the Defendant was sentenced to six months of imprisonment for the crime of causing property damage in the Goyang Branch of the Jung-gu District Court on July 19, 201, and completed the execution of the sentence on January 16, 202.

【Criminal Facts】

1. On February 9, 2020, from around 18:30 to 19:00, the Defendant: (a) applied for other tables from the main point of “C” located in Goyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) had the said customers out of the above main point; (c) had the victim D, who recommended him to return home; and (d) went out of the above main point while having the victim D, who recommended him to return home; and (e) had the said main point used fire extinguishing machine equipped with the “sing room” on the same floor as the said main point, and could not enter the said main point.

Accordingly, the Defendant interfered with the victim's main business by force.

2. Around 19:00 on February 9, 2020, the Defendant damaged facilities, such as the floor area of the above main station owned by the victim D, to the effect that, at the main point of the “C” located in Yongsan-gu, Yongsan-gu, U.S., U.S., U.S., U.S.A., the Defendant destroyed the entire fire extinguishers equivalent to KRW 20,000 at the victim E-owned market.

Accordingly, the defendant damaged the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. CCTV images;

1. Inquiries, investigative reports, judgments, and the application of Acts and subordinate statutes on the current status of confinement of individuals;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders committed each of the crimes in this case at the same business establishment, even though the Defendant was sentenced to a crime of causing property damage, etc. at the same business establishment, and one month has not passed after the release.

Each of the crimes of this case.

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