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(영문) 서울북부지방법원 2016.08.26 2016고단2363
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 22, 2016, the Defendant interfering with his/her business: (a) around 21:00, the employees of Seongbuk-gu Seoul victim C in “D” operated by Seongbuk-gu Seoul Metropolitan Government Victim C shall throw away the Ascream coats before calculating the amount.

I would like to see, “such Chewing, internal medicine must be changed to her head,” and “such Chewing, sphere and several slaughters should be taken.”

“ Doescing to be “,” and having been able to avoid disturbance for about 30 minutes, such as taking hand, as the employees are fluencing.

Accordingly, the defendant interfered with the business of the injured party by force.

2. On May 22, 2016, at around 21:50 on May 2, 2016, the Defendant damaged 85,00 won for repairing a car, who was arrested by Seongbuk-ro 32, Seongbuk-gu, Seoul, as a current offender for the same reason as paragraph 1, while walking at the 20 seat box, and under investigation, he was arrested as a current offender for the same reason as paragraph 1.

Accordingly, the Defendant damaged the use of the books used by public offices, thereby harming their usefulness.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Application of the Acts and subordinate statutes governing a written estimate, receipt, CCTV photograph, and a photographic photo on the damaged book;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment, respectively, 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. The grounds for sentencing of Article 62-2 of the Social Service Order Act for the first crime (Interference with Duties) [Scope of Recommendation] The scope of final sentencing for multiple crimes where the value of the article that has been invalidated or destroyed is minor, where the degree of power or deceptive scheme or the degree of interference with duties is minor, the crime No. 2 (Obstruction of Execution of Public Services) of the Punishment Non-exclusive Measure (Scope of Recommendation) [the scope of punishment] the mitigation area (one month to eight months), the mitigation area (the person who has been specially mitigated] (the person who has been specially mitigated) (the value of the article that has been invalidated or destroyed is minor: one month to one year (the decision of sentence]. The defendant misleads the defendant.

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