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(영문) 수원지방법원안산지원 2020.08.13 2020고단1088
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 14:50 on February 23, 2020, entered the victim B, who was in Ansan-si, a member of the household in Ansan-si, and went to a congested ice, and again, entered the user and “heat is urgent.” In this context, the Defendant was unable to avoid any disturbance, such as putting off the clothes of the victim, which he was sent from that time, “I am to the other customer prior to his return to the toilet, or she is in the house,” and the Defendant was “I am to the other customer prior to her return to the toilet, or I am to the house.”

Accordingly, after the victim released the defendant out of the user source, the victim temporarily set the entrance, the defendant was unable to avoid disturbance between about 20 minutes, such as leaving the bicycle and plastic chairs outside the door at the user entrance, and leaving the entrance door at a drinking time.

Accordingly, the defendant interfered with the operation of the victim's user by force, and damaged the entrance entrance of the victim's bicycle and the user.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, report on internal affairs (Interference with business, etc.), investigation report (victim B telephone conversations), investigation report (victim's telephone conversations) and telephone communications;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act include the fact that the defendant has been punished for the same kind of crime several times, etc., which are disadvantageous to the defendant: Provided, That the sentence is ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects his mistake, and that the defendant agreed with the victim, and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime

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