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(영문) 광주지방법원 순천지원 2016.08.24 2016고단1000
업무방해등
Text

A defendant shall be punished by imprisonment for four 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. On May 25, 2016, the Defendant interfered with his/her business, viewed a field-to-door game with a mobile phone at the events in front of the management office of D apartment complexes held by the victim C (67 years old) in light of lightyang-si B (67 years old) around 20:05.

E Whether or not a video has been affixed to E

In addition, in order to avoid the trial cost with the defendant, it was difficult to avoid disturbance for about 10 minutes due to the following reasons: (a) entering the above apartment management office as the above apartment building management office according to E entering the apartment building management office; (b) leaving the said office; and (c) leaving the client at the same time.

Accordingly, the defendant interfered with the victim's work that guards the above apartment through CCTV by force.

2. The Defendant damaged property, at the time and at the place specified in paragraph 1, posted the Defendant’s mobile phone on the books of the above apartment management office, thereby shouldering the book glass (the width of 190cc and length of 80cc and length of 80cc and length of 190cm) where the total market price of the apartment residents’ incentives cannot be known.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A damaged glass photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, the crimes [type 1] type 1 (Interference with Business] [Special Sentencing] for the Reasons for the Sentencing under Article 62-2 of the Criminal Act, which interfere with the business of interfering with the business: the source of mitigation [the scope of recommendation] [the scope of recommendation] mitigation area / [the scope of recommendation] types 1 (property damage, etc.] [the special sentencing person] mitigation area / [the scope of recommendation area] mitigation area / [the scope of recommendation area] mitigation area / [the scope of punishment] reduction area / [the final sentence scope] one month or 6 months [the upper limit of crimes 1] aggravation (the upper limit of crimes.

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