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(영문) 서울남부지방법원 2018.08.17 2017고단1823
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 15, 2017, from around 14:10 to around 15:20, the Defendant: (a) obstructed the Defendant: (b) obstructed the Defendant from entering the entrance of the entrance door and windows in the instant E drinking house operated by Guro-gu Seoul Metropolitan Government, on the grounds that the victimized person would not get into the house; (c) obstructed the Defendant: (d) obstructed the Defendant from entering the entrance of the customer at the instant drinking house; (d) caused the entrance of the entrance door and windows by drinking and sprinking the front of the house; and (e) obstructed the Defendant from taking the customer from entering the said house at a large interest level.

Accordingly, the defendant interfered with the victim's main role operation.

2. The Defendant, at the above date and place, destroyed the building volume of the entrance door on the non-repair of the repair cost by cutting off the knife of the entrance door owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Photographs of damaged articles;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act that a victim does not want the punishment of the defendant in agreement with the victim, and that

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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