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(영문) 광주지방법원 순천지원 2016.05.12 2016고단75
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 6, 2016, at around 02:00, the Defendant: (a) d'D operated by the Victim C, which was operated by the Victim C, around 02:00, the Defendant: (b) went home with six alcohols; (c) and (d) demanded the Defendant to pay the drinking value; and (d) carried the alcohols on the floor by using the hacker’s hacked hand; and (c) carried the hacker’s hacker’s hack, and (d) prevented the Defendant from entering the port of the hacker.

As a result, the defendant interfered with the victim's main business by force.

2. For the same reasons as the description in paragraph 1 at the date, time, and place specified in paragraph 1, the Defendant destroyed the above entrance so that the damaged person was able to escape out of the main point of the damage and walk out the door door to drive away from the Defendant, thereby damaging the repair cost of KRW 100,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs;

1. Application of the written estimate statutes;

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 366 of the Criminal Act, and the choice of imprisonment 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is that there are many criminal records in the same way to prevent recidivism.

However, in consideration of the fact that the defendant is against himself and the injured person does not want the punishment of the defendant, the punishment shall be determined as per the order.

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