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(영문) 창원지방법원 통영지원 2017.06.21 2017고단527
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 January 7, 2017, at around 00:05, the Defendant damaged property: (a) brooms managed by the victim D, an employee of the above convenience store, brooms on the ground that human form is not easily extracted from a human-type extractr installed in front of the convenience store C located in B at a large scale; (b) and (c) brooms cut off the above-type brooms.

Accordingly, the defendant damaged the damaged property in the market price owned by the victim.

2. On January 7, 2017, at around 00:50, the Defendant obstructed the victim’s convenience store operation by force by avoiding disturbance for about 20 minutes, such as: (a) reporting the victim D himself/herself to the police for the same reason as the description in paragraph (1); (b) threatening the victim’s customers visiting the Defendant; (c) cutting down the purchased primary milk on the convenience point; and (d) cutting off the goods in the convenience store display site by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Arrest report and field photographs of the occurrence of the case;

1. Application of Acts and subordinate statutes to a investigative report (to attach a screen toCCTV to the screen);

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 with prison labor for the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

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

(a) Class 1 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties (Obstruction of Duties) (Special Sentencing from January to August) In the mitigated area (Special Sentencing) (including a serious effort to recover damage);

(b) Where actual damage (a person subject to special mitigation) is insignificant in the mitigation area (one month to six months) of Class 1 (property damage, etc.) on general standards.

(c) The scope of final sentence due to the aggravation of multiple offenses: one month.

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