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(영문) 대전지방법원 서산지원 2018.07.06 2018고단230
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. From 00:40 on December 30, 2017 to 01:00 on the same day, the Defendant interfered with his/her duties;

B. The victim, who was drunk in the D party room operated by the victim C, was found to be drunk, and the victim and the visitors of the party room, interfered with the victim’s party room business by force by preventing the customers who were in the party room from using the party room from using the party room. The victim expressed 20 minutes of the disturbance, such as bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch, and bitch bitch bitch bitch bitch, etc.

2. The Defendant damaged property: (a) at the time and at the place of paragraph 1, the Defendant laid the floor of the party-to-faced area in a hole in a water hole; (b) laid down the party-to-face spits on the ground of the party-to-faced area; and (c) damaged the party-to-face spits of the party-to-faced area at the expense of KRW 600,000,000 in the market price of the victim’s ownership and damaged the party-to-face spits of KRW

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (calculated amount of damage);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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. In full view of the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the period of punishment as shown in the records and the theory of changes, including the fact that there is no agreement with the victim; (c) the Defendant was committed several times of punishment for the same kind of crime for the reason of sentencing under Article

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