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(영문) 서울남부지방법원 2019.07.11 2019고단1742
업무방해등
Text

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

However, 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

On March 21, 2019, at around 03:15, the Defendant was under the influence of alcohol at the “D” restaurant managed by the victim C, who is an employee in Yeongdeungpo-gu Seoul Metropolitan Government, and was asked by the victim and the female employee on his name, to have locked home at a time, and the Defendant was able to have the victim go home again on several occasions when the market price on the table cannot be known, and caused a disturbance by putting one string and a string a string to the floor by hand, and breaking up the floor of the string, and hringing the victim under this paragraph with a large sound.

Accordingly, the defendant damaged the property managed by the victim and interfered with the victim's above restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim C;

1. Application of statutes to on-site photographs, investigation reports (on-site CCTV images verification), photographs of CCTV images to capture CCTV images, CCTV images CDs, and each investigation report (to listen to the victim C telephone statement, and the crime of interference with business);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

B. Group 2 (Determination of Punishment) Crimes (Destruction of Property): Damage [Type 1] Damage to Property, etc. (Special Aggravation) (including serious efforts to recover damage). The elements of mitigation are not punishable (including serious efforts to recover damage).

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