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(영문) 대전지방법원 2016.01.27 2015고단4023 (1)
폭력행위등처벌에관한법률위반(상습재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, with the trade name of "C", frequently posted the advertising Stick to the defendant's company's advertising Stick from June 2015, and from around June 2015, the defendant sent the advertising Stick to the defendant's company's competition company's advertising Stick. However, the defendant's answer was not resolved at all, but he failed to put the above competition company's Stick to a strong key.

1. From around 06:00 on September 7, 2015 to around 07:00 on the same day, the Defendant damaged 87 gas measuring instruments equivalent to 3,851,500 won at a market price of 87 times in total as indicated in the list of crimes in the attached Form, in front of the inspection board of urban gas measuring instruments owned by the victim D, which are installed in Seo-gu, Daejeon Special Metropolitan City, Seo-gu, Daejeon, by placing the above "C"'s public relations campaigns with strong contact, and thus, it is impossible to remove the Sticks by placing the aforesaid "C" as a violent contact with a strong contact, thereby impairing its utility.

2. The Defendant, at the time and place indicated in the above Paragraph 1, did not appear the number of gas measuring instruments to be checked, thereby making it impossible for the Defendant to conduct the inspection of urban gas by the victim D’s gas leakage, and as a result, prevented the Defendant from timely collecting fees.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. A written petition;

1. A list of damage;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act (referring to the point of destruction and universal control) and Article 314 (1) of the Criminal Act (referring to the point of interference with business and universal control) of the relevant Act on the crime;

1. Selection of each sentence of imprisonment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a crime of interference with business with heavier punishment);

1. Article 62(1) of the Criminal Code (the following favorable circumstances) of the suspended execution is the defendant and the defendant.

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