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Reasons
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(영문) 인천지방법원 2016.12.22 2016고단7765
업무방해등
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Gyeyang Branch of Suwon District Court on March 20, 2014, and completed the execution of the sentence on August 17, 2015.

【Criminal Facts】

1. Around 11:00 on October 3, 2016, the Defendant damaged the victim’s property by putting in front of the victim D’s residence in the Southern-gu Incheon Metropolitan City, on the ground that, under the influence of alcohol, the loss of the victim’s car parking would interfere with the parking of other vehicles. Moreover, the Defendant destroyed the victim’s property by putting out 10 percent of the market price of the victim’s ownership in front of the main gate, where the market price cannot be known.

2. On November 13, 2016, the Defendant interfered with business: (a) around 22:40 on November 13, 2016, the Defendant: (b) from “G,” the victim F (the age of 58) working in Nam-gu Incheon Metropolitan City E (the age of 58), walked from “G”; (c) obstructed the victim’s business by drinking so that customers can not enter the Plaintiff, thereby hindering the victim’s business by preventing them from entering the Plaintiff, such as spiting spiting the president, Y, and soon as soon as possible; (d) whether the Defendant: (a) the Defendant: (a) was the president; (b) was the head of Y; (b) was the head of Y; and (c) was the head of Y; (c) was the head of Y; and (d) was the head of Y’s face; and (d) was the victim’s 15 minutes of business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Written statements of D;

1. A report on investigation (for data fromCCTV image);

1. G private rains or CCTV image-recording photographs;

1. Photographs damaged by the suspect;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification of crimes during the period of repeated crimes), judgments, and application of Acts and subordinate statutes to the status of confinement;

1. Article 366 of the Criminal Act and Article 314 of the Criminal Act concerning criminal facts, the choice of punishment (the point of causing property damage and the choice of imprisonment).

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