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(영문) 서울남부지방법원 2020.12.02 2020고단5061
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 20:40 on July 22, 2020, the Defendant: (a) found at the Gangseo-gu Seoul Metropolitan Government Office B, and around 20:40, the Defendant: (b) found out many management expenses incurred while under the influence of alcohol, and opened an entrance to open it; (c) however, the Defendant obstructed the Defendant’s patrol duty between approximately 20 minutes by force, such as putting the door up to be built of a reinforced glass by putting the fluor for the purpose of office work in the vicinity of the Defendant, on the ground that he or she again found the victim D, who was an electrical engineer on duty while on duty.

2. The Defendant of special property damage caused by hand by putting about about 15 cm and about 10 cm, which is a dangerous object in the vicinity (a.e., about 15 cm and about 10 cm) in hand, and putting up one of the strengthening glass bars (a.e., about 78 cm, about 190 cm in vertical length) managed by the victim E, the head of the management office, the Defendant of the special property damage, thereby impairing the utility of 320,000 won in repair cost.

Accordingly, the defendant damaged the victim's property by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. D's written statement;

1. On-site photographs and photographs used for committing crimes;

1. Application of the written estimate statutes;

1. Relevant Article 314(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The fact that probation and community service order damage the entrance and obstruct the management of the entrance by dangerous articles with the reason of sentencing under Article 62-2 of the Criminal Act, and the defendant was punished several times as violence-related crimes, and even after this case, a summary order is requested by impeding the management of the apartment under the influence of alcohol: Provided, That the defendant is willing to live in good faith while making confession.

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