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(영문) 의정부지방법원 2018.05.02 2018고단438
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 13, 2018, the Defendant: (a) took a strike in the “E” for the victim’s operation “E” in Ma, which was in the city of Macro on January 13, 2018; (b) took a bath to the victim on the ground that the Defendant’s head pattern was not in mind; (c) took a bath to the victim on the ground that the Defendant’s head pattern was not in that place; and (d) took a bath to the other customers who were in the atmosphere, and obstructed the Defendant’s operation of the beauty room by force for about 30 minutes, such as paying time fees.

2. The Defendant damaged the property of the above victim’s property in total amount of KRW 450,00,000, i.e., e., e., e., e., cosmetics worth KRW 70,000 on the floor of the market price of 80,000, which had been located at the same time and place as “1” as the date and place mentioned in the “1” paragraph, and i.e., e., cosmetics worth KRW 70,000 on the floor.

3. The Defendant: (a) committed the act such as “1” at the time, time, and place indicated in the “1” paragraph; (b) committed the act against the victim and other customers, and (c) stolen the “gallon 5” cellular phone in the market value of the victim’s ownership, which is equivalent to KRW 960,000, in the front part of the beauty room, where the victim and other customers are faced with the Defendant, by avoiding the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each photograph;

1. Application of the Act and subordinate statutes of the investigative report (Evidence No. 12-1)

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (Interference with business, select of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act and the choice of imprisonment 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 (including the fact that the stolen goods have been returned and the victim was not punished and the victim’s reflects it);

1. The defense counsel’s assertion under Article 62-2 of the Criminal Act for the observation of protection.

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