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(영문) 서울북부지방법원 2016.06.23 2016고단1557
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of imprisonment 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 February 2015, the Defendant obstructed the victim’s multiple business operations by force by leaving the “E Multisection” operated by Dongdaemun-gu Seoul Metropolitan Government Underground Victims D on February 1, 2015 due to a large amount of alcohol and receiving a request for a change from the damaged party, and by leaving the erode on the floor for about one hour, she dumping the disturbance on the floor, and dumping the customers who were at the eropating the disturbance for about one hour.

2. On April 27, 2016, the Defendant: (a) obstructed the destruction of property and the performance of duties on the multi-sections before and after around April 27, 2016, left from the multi-sections around around 18:20 on April 27, 2016 due to a large amount of alcohol; (b) broken off the door door door door glass from the victim D; and (c) opened the door on the multi-sections; and (d) opened the door, and caused customers who had been in the multi-sections by avoiding disturbance for about 20 minutes.

Accordingly, the Defendant destroyed the multiple entrances equivalent to KRW 80,00,000 owned by the victim, and interfered with the victim's multiple business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes on images of each photograph;

1. Article 314(1) and Article 366 of the Criminal Act regarding criminal facts (the defendant, on January 11, 2013, was sentenced to a suspended sentence of two years in the Seoul Northern District Court on January 11, 2013 and was sentenced to a suspended sentence of 11 times for violent crimes, taking into account the fact that he/she had the history of being punished for 11 times for violent crimes);

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 (Article 62 (1) of the Criminal Act on the grounds that the suspension of execution is against the will of the person committing the crime, and that there

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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