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(영문) 의정부지방법원 고양지원 2015.04.07 2014고단227
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for eight months on September 13, 2013 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Goyang Branch of the Jung-gu District Court on March 13, 2013, and the said judgment became final and conclusive on September 24, 2013, and is currently under the period of suspended execution, and

【Criminal Facts】

1. Around 03:30 on January 27, 2014, the Defendant interfered with the business of the Defendant: (a) in the restaurant of “D” operated by the victim C of the victim C in Ansan-gu, Mangnsan-si; (b) in the course of drinking alcohol, the Defendant took a bath to the victim, i.e., “if he/she drinks alcohol, he/she must only do so if he/she drinks,” and “I do not have any money,” and (c) prevents the victim from entering the main points of the disturbance by force.

2. The Defendant: (a) destroyed and damaged property by putting beer and beer soldiers on the table of the table for the same reason as Paragraph (1) at the time and place as Paragraph (1) of this Article; and (b) destroying the air conditioners and the front glass of which the market price of the victim’s ownership cannot be known, because the Defendant drheeded with a beer.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Investigation report (on-site conditions);

1. A receipt for the value of alcoholic beverage;

1. Photographs of damaged articles;

1. Previous records before ruling: Application of inquiry reports and investigation reports (reports attached to judgments, etc.), including criminal records, and statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

1. It shall be decided as per the disposition among concurrent crimes on the grounds of exceeding the former part of Article 37, Articles 38 (1) 2 and 50 (Aggravation of Concurrent Crimes concerning Interference with Business as provided for in the heavier Crimes of Interference with Business);

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