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(영문) 서울중앙지방법원 2020.06.22 2020고단205
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

[200 Highest 205]

1. On December 27, 2019, around 18:30 on December 27, 2019, the Defendant obstructed the business of the victim’s coffee store by force over about 30 minutes, such as: (a) the victim’s DNA coffee specialty store in the Gangnam-gu Seoul Metropolitan Government Section B building, (b) the customer, such as E, takes a cryp, citing and threatening the instant World Cup, and (c) taking a large voice, and (d) the customer, such as having some customers go out of the coffee specialty store, thereby interfering with the victim’s coffee store business.

2. The Defendant assaulted the victim E (the age 28) who was seated on the tables at the time, time, and place mentioned in the preceding paragraph (hereinafter referred to as “the victim”) by taking a bath, and by using the slid of the dangerous material, such as the sliding of the victim’s head.

[2020 Godan1656] On December 25, 2019, the Defendant destroyed the property in order to reach the market value of the repair cost by blocking the front of the car owned by the victim F from the front of the car at No. 5 exit located in Dasan-ro 122, Jung-gu, Seoul, Jung-gu, Seoul, and preventing the front of the car, which is owned by the victim, and displaying the front glass and the front glass door at several times.

Summary of Evidence

[200 Highest 205]

1. The defendant's legal statement (in the case of the second fact on the date of trial of the third time, the fact on the date);

1. Each written statement in C and E;

1. Investigation report (verification of CCTVs in generated areas) (20 high-level 1656);

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Deficiency photographs of the victim's vehicle;

1. The application of the Acts and subordinate statutes to one crypted iron pen (No. 1);

1. Relevant Article 314(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act, the choice of imprisonment with prison labor for the 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. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria; and

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