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(영문) 대구지방법원 김천지원 2019.07.09 2019고단433
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant is a person dismissed while serving as a delivery employee of a “D” restaurant operated by the victim C (the age of 40) in the second floor of the building B in the Gyeong-si, Chungcheongnam-si.

At around 14:00 on January 5, 2019, the Defendant: (a) obstructed the Defendant’s “D” restaurant, without any particular reason, that it read “man” to customers; (b) obstructed the door-to-face lease connection, which entered the kitchen as drinking; and (c) obstructed the door-to-face lease connection; and (d) caused approximately KRW 400,000 won to cover repair costs, and caused the disturbance for about one hour and 40 minutes.

Accordingly, the defendant interfered with the operation of the restaurant by force of the victim and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A written estimate for an investigation report (Submission of a written estimate) and a written estimate;

1. Application of Acts and subordinate statutes on internal investigation reports (as to attachment of photographs), photographs;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for a month from one month to seven years and six months;

2. Application of the sentencing criteria;

(a) The crime of interference with business [decision of type] the element of interference with business [special persons] mitigation, the scope of mitigation [the scope of recommendation area and recommendation range] mitigation area, one month to eight months;

(b) Type 1 (Special Convicting Persons), mitigation elements (Special Convicting Persons), mitigation areas (the scope of recommending and recommending punishment), mitigation areas (the scope of recommending area and recommending punishment), one month to six months of imprisonment; and

(c) The result of multiple crimes: One month to 11 months of imprisonment (=eight months and six months/2).

3. In addition to the contents of the instant crime, the Defendant has a number of violence offenses, and the Defendant.

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