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(영문) 대구지방법원 2020.08.19 2020고단1256
업무방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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

피고인은 2020. 2. 20. 18:23경 경북 경산시 B아파트 C호에서 인터넷 D 카페에 닉네임 E로 접속하여 '폐쇄된곳 공유해요'라는 제목으로 정상적으로 영업 중인 피해자 F 운영의 제과점 XXXXX(OOOO점)이 코로나19로 폐쇄된 업체라는 내용의 글을 게시하였다.

The Defendant spreaded false facts in such a way as above, resulting in a decrease in sales of the victim, and obstructed the victim’s tasks by making it impossible for the customer to perform normal duties due to the telephone call.

Summary of Evidence

1. Application of the Acts and subordinate statutes to report internal affairs to the suspect F of the police statement concerning F of the defendant's statutory statement

1. Article 314 (1) or 313 of the Criminal Act applicable to the crimes and Articles 314 (1) or 313 of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is to be sentenced to the same sentence as the order, taking into account the following favorable sentencing factors: (a) the crime of this case with the reason for sentencing under Article 62(1) of the suspended execution, by spreading false facts without proper confirmation, obstructing the business of the victim; (b) the criminal liability is heavy; and (c) the fact that the defendant has led to the confession of the crime; (d) the defendant has no criminal records of the same kind; (e) the defendant has no criminal records; and (e) the defendant has posted a letter of apology for the recovery of damage to the relevant camera after deletion; and (e)

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