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(영문) 수원지방법원 안산지원 2018.11.29 2018고단2874
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 20, 2018, the Defendant interfered with the business of the Defendant: (a) entered a cosmetic store operated by the victim D with light view around 21:20 on May 20, 2018; and (b) took a bath for customers without any justifiable reason; (c) took a disturbance for about 10 minutes; and (d) took a bath for customers to “not to sprink any sprink;” thereby interfered with the operation of the victim’s store by force.

2. On June 16, 2018, the Defendant embezzled the lost Samsung C&C card to be held by the Defendant without taking necessary measures, such as returning it to the victim, even though he/she acquired one copy of the victim’s Samsung C&C card from a light scenic distance street street in the optical-dong at the time of light lighting around 18:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to written E;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the sentencing of Article 62bis of the Criminal Act, including the circumstances indicated in the record, shall be determined by comprehensively taking into account the following circumstances.

The favorable circumstances: The records of punishment for crimes of violence committed several times, and in the case of interference with the business of the victim, it is deemed that the business of the victim has been significantly hindered.

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