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(영문) 광주지방법원 순천지원 2017.06.27 2016고단1719 (1)
업무방해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and C, C, and D jointly committed the crime committed by the Defendant and C, and C were two infinite names and two infinites, from January 8, 2016 to January 13:00 of the same day, the victim H who contracted the construction of a new building from the building owner G to the construction site located in 13:00 of the same day, and the victim H who contracted the construction of a new building from the building owner G was removed from the construction site.

Accordingly, the Defendant conspiredd with two infinites C, D, name infinites and interfered with the work of the victimized person by force.

2. On January 8, 2016, Defendant A and C removed the pents equivalent to KRW 192,000 at the market price of the victim H in the above place around 07:30 on January 8, 2016.

In this respect, the defendant damaged the property of others jointly with two or more persons who are not named C and name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to photographs and estimates of damaged articles;

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that it is inevitable to choose a sentence of imprisonment in light of the criminal defendant’s same criminal records.

However, in consideration of the degree of the defendant's participation, the degree of specific exercise of physical power, and the circumstances in which the defendant repented his/her mistake and was detained for a certain period, the punishment as ordered shall be determined.

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