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(영문) 서울동부지방법원 2016.10.13 2016고단1161
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 6, 2016, at E store operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City on March 6, 2016, the Defendant, on the ground that the Defendant did not receive refund of drinking water ordered by the victim F who is an employee, caused the drinking water to be broken down on the table table attached to the table table that the market price of the victim D, which is the victim victim D, is unknown, and caused to be ice on the displayed goods and the wall.

Accordingly, the defendant interfered with the store business of the victim F and damaged the victim D's property at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of examination of the witness witness D;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on written statements, receipts, photographs, investigation reports (on-siteCCTV investigation), on-siteCCTV video data;

1. Article 314 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence shall be determined in the same way as the order is comprehensively taking into account the favorable circumstances such as the violation of Article 62 (1) of the Criminal Act, the fact that the crime is committed under the suspension of execution, the fact that the victim has agreed smoothly with the victim, and all other conditions of sentencing, such as the age, character and conduct, criminal records, motives

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