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(영문) 수원지방법원 성남지원 2020.03.04 2019고단3230
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 14, 2019, the Defendant committed a disturbance for about 40 minutes on the part of the victim C, i.e., “D operated by the victim C, Hanam-si on December 11:30, 2019,” by misunderstanding that the Defendant had already been in charge of accounting by the victim, and misunderstanding that the Defendant had already been in charge of accounting by the victim, i.e., “F., f., bit of bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

Accordingly, the defendant interfered with the victim's management and operation of the restaurant by force.

2. The Defendant damaged public goods at the date, time, and place specified in paragraph 1, and arrested by F to a policeman affiliated with the House E District of the Southern Police Station, which was called out after receiving a 112 report, and went on the back seat of the Gaina car, which is the patrol police officer No. 13, and led to the said patrol police officer to take the back door of the right side of the said patrol vehicle.

Accordingly, the Defendant damaged the patrol car, which is a public object used by public offices, to have approximately KRW 330,00 in repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Damage photographs;

1. Application of the written estimate attached to a investigation report (Submission of a written estimate for vehicles No. 13);

1. Relevant Article 314(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the Defendant, among those concurrent offenders, recognized all of the instant crimes and reflects the same, and subsequently, said Defendant shall be treated with alcohol treatment and mental treatment.

On the other hand, the defendant has been punished for violent crimes including the suspended sentence of imprisonment twice through the crime of interference with business, etc., and in particular, this case has a high possibility of criticism as a crime during the same suspended sentence period.

There is no yet the damage has been recovered.

In addition, the age, character and conduct, the environment, the motive, means and result of the instant crime, and the circumstances after the crime is committed.

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