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(영문) 인천지방법원 2020.09.10 2020고단6656
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 14, 2020, at around 18:30 on July 14, 2020, the Defendant interfered with business, at the point of “D” in the operation of the victim C, located in Michuhol-gu Incheon, Michuhol-gu.

In addition, it was difficult to avoid disturbance for about 15 minutes, such as gathering two small-scale bottles on the floor, fluor, portable gas burners, etc. on the floor, and taking two small-scale bottles on the air conditioning, leaving two air conditionings on the air conditioning.

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

2. The Defendant causing property damage, while engaging in an act of disturbance as mentioned in the above paragraph (1) at the time and place, was accompanied by the Defendant’s act of disturbance so that the Defendant can shoulder the front glass of the air conditioners by placing the frigerants in two air conditioners owned by the victim.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Application of the Defendant’s legal statement C of field photographs ctv image C law

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Interference with Business) Crimes (Determination of Types). Obstruction of Business Affairs (Type 1) [Special Punishment] Reduction element: Reduction element of punishment (the scope of recommendation area and recommendation range) mitigation area, imprisonment with labor for one month to eight months; and

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Punishment]: Reduction elements: Non-taxation area of punishment [Recommendation Area and Recommendations range] mitigation area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes No. 2 per month to November 1 shall be 1.

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