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(영문) 서울북부지방법원 2017.09.14 2017고단1118
업무방해
Text

The punishment of a defendant shall be eight months.

Reasons

Punishment of the crime

On November 16, 2016, the Defendant was sentenced to a suspended sentence of two years for one year by obstructing business operations at the Seoul Northern District Court, and the judgment became final and conclusive on November 24, 2016.

1. From February 27, 2017, the Defendant: (a) demanded that E (60) on the first floor of Dobong-gu Seoul Metropolitan Government D D 2:40 on February 27, 2017, E (60) , which was operated by F, to leave e in the instant singing practice place; (b) was refused; (c) the Defendant took a bath, i.e., “heat., to e and her wife,” and her wife, for approximately 30 minutes, such as talking and talking, and preventing him from entering a singing practice place.

The Defendant, by these force, interfered with the operation of the victim E’s singing practice hall.

2. Intrusion upon residence, damage of property (2017 top class 2883) the Defendant opened a first floor door and opened a entrance at a multi-household house located in Seongbuk-gu Seoul, Seoul, around May 20, 2017, around 06:20, and opened the entrance. However, the Defendant attached the window and a shock screen to ensure that the repair cost of KRW 2.50,00,000 of the repair cost, going beyond the following wall of the multi-household house that he did not open a door.

The Defendant infringed upon the victim H’s residence and damaged his property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. Receipts:

1. Criminal records: Application of inquiry letter, investigation report (Attachment to the judgment, etc. of the same kind of case) and statutes;

1. Article 314(1), Article 319(1), and Article 366 of the Criminal Act concerning the criminal facts;

1. Determination of a sentence under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as an aggravated punishment for concurrent crimes;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a minimum of six months;

2. Decision of punishment: to recognize errors;

Inbreathly, the victims have not been punished.

However, the crime was committed during the period of suspension of execution as a crime interfering with business affairs.

In addition, there are several criminal experiences related to violence.

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