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(영문) 수원지방법원 2017.02.08 2016고단7240
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

[Judgment of the court below] The crime history

1. On November 14, 2016, the Defendant committed a crime (damage to property) on or around November 14, 2016, in the “D Singing practice place” operated by the victim C in Suwon-si, Suwon-si, Suwon-si, and the victim C does not contact any longer.

On the ground of the fact that the victim was able to talk with the victim, and was at the entrance of the singing room, and damaged the victim's market price by 150,000 won.

2. On November 16, 2016, the Defendant: (a) attempted to sing in the “D’s singing practice hall” around November 16, 2016; (b) received a request from the victim C (at age 47) who had a concern about his/her failure to singing; (c) was seated in the front of the accounting platform for about one hour; and (d) demanded the victim to report to the police and revoke his/her report; and (d) went away on the direction for calculating a fire extinguisher at the entrance of the singing room while requiring the victim to report to the police and revoke his/her report.

In this respect, the Defendant interfered with the victim's musical business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of the investigation report (where a written estimate is not attached);

1. Application of statutes on field photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence is that [the scope of a recommendation] [the scope of a punishment] under Article 62(1) of the Criminal Act on the grounds of the following crimes: Article 62(1) of the Criminal Act on the grounds of the suspension of sentence [the scope of a recommendation] under Article 62(1) [the scope of a punishment under Article 62(1) [the scope of a recommendation] under Article 62(1) [the scope of a punishment under Article 62(1) [the scope of a punishment under Article 62(1) [the scope of a punishment under Article 62(1)] under Article 62(1) [the final sentence due to the reduction area (Article 62(1) of the Criminal Act from January to November] under Article 62(1) [the grounds for and contents of the judgment of the defendant, degree

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