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(영문) 대전지방법원 2016.12.15 2016고단3332
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 18, 2016, from around 21:32 to 22:16 of the same day, the Defendant interfered with business, at the D apartment management office managed by the victim C (the age of 56) of the victim C (the age of 56) in Sejong City, demanded the victim and the employees of the management office to inform the victim E of contact details of the injury case being currently being tried. However, the Defendant refused, which led to the refusal of the request of the victim and the management office, thereby interfering with the management of the apartment complex of the victim.

2. Around September 18, 2016, the Defendant used assaulting the victim’s breath by putting the victim’s bat around 22:02, on the ground that the victim was not informed of the victim’s contact address as above at the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A written statement of C and F;

1. Investigation report (CCTV reading result);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to on-site photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the decision of the penalty (Interference with business, Selection of Imprisonment), and Article 260 (1) of the Criminal Act (the point of assault and Selection of Imprisonment);

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is against the defendant, under the favorable circumstances for the defendant, the crime of this case is not good in light of the content of the crime of this case. The defendant was investigated by the fact that he injured E, who is a DNA apartment manager, but was under summary indictment, and again committed the crime of this case without being aware of it, the defendant did not agree with the victim. The victim was punished by the defendant, the victim's efforts for the recovery of damage was insufficient, the defendant's fine, suspended execution, and suspended execution.

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