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(영문) 춘천지방법원 강릉지원 2017.04.20 2017고단156
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 31, 2017, at around 23:00, the Defendant damaged the victim’s property in two rooms of E dan 2 operated by the victim D (n, 48 years of age) in the East Sea as of January 31, 2017, where he/she had a person and a business introduced by F while drinking alcohol together with F with Defendant’s friendship F with Defendant’s friendship, and was disputing the damages, he/she did so in the middle of this day; he/she did so; he/she did so; he/she did so; he/she did so; he/she did so; he/she did so; he/she did so in the middle of this day; he/she did so; he/she did so; he/she did so; he/she did not have a small amount of 1.2 million won in the repair cost; and he/she did so.

2. The Defendant interfered with the business of the victim by force for about 20 minutes, such as the date, time, place, and place mentioned in the above paragraph (1) as well as the place of the said paragraph (1), and 1 guest who was in the said one danran, and 3 guest who was alone, had the said danran bar go together, and thereby interfered with the victim’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of investigation reports (audio file attached at the site of the person under investigation), investigation reports (audio shocks and tables attached); and application of Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that his/her mistake is divided in depth and that he/she has agreed with the victim smoothly);

1. Article 62-2 of the Criminal Act of the community service order (Taking into account the fact that he/she can have been punished for violent crimes, etc.);

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