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(영문) 대전지방법원 천안지원 2018.06.21 2018고단745
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Convicted power constituting a repeated crime under Article 35 of the Criminal Act] On January 26, 2017, the Defendant was sentenced to five months of imprisonment with prison labor for property damage at the Daejeon District Court, and on May 18, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of property damage, and the said judgment became final and conclusive on May 26, 2017, thereby the said suspended sentence becomes void, and the execution of each of the above sentence was completed on November 15, 2017.

[Criminal facts]

1. On March 31, 2018, the Defendant: (a) obstructed the Defendant’s business operation at the Eelcom operated by the victim D in Southern-gu, Nam-gu, Nam-gu, Dong-gu, Seoul on March 31, 2018; (b) interfered with the Defendant’s business operation by force by gathering a computer monitor, chemical distribution, etc. located in the said Mourter while drinking without any justifiable reason; and (c) exposing the said Mour to the said Mour, thereby obstructing the victim’s business operation.

2. The Defendant damaged property by gathering computers, which are owned by the victim and without any justifiable reasons under the influence of alcohol at the time and place set forth in paragraph 1, such as monitors, chemical parts, composite devices, heat heat equipment, key stuffs, materials, etc., and destroying things equivalent to the total market price of 1.5 million won, which is owned by the victim.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement protocol (D);

1. On-site damaged photographs and CCTV closure photographs;

1. A statement of investigation (a quotation attached to a statement of damage) (limited to the number of records constituting a repeated crime under Article 35 of the Criminal Act);

1. Written inquiry about criminal history, etc.;

1. Report on investigation (Confirmation of the fact of a suspect, repeated crime) and the application of the Acts and subordinate statutes of documents attached thereto;

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 for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes 1 (Obstruction of Duties) in the mitigated area (one month to eight months) (special sentencing factors) in the mitigated area (one month to eight months) (special sentencing factors), i.e., non-members of punishment (reduction of duties), ii) in the same repeated offense (aggravating of duties) in the mitigated area (two months), which is recommended by the sentencing guidelines for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes.

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