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(영문) 창원지방법원 2016.07.20 2016고단477
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 February 11, 2016, the Defendant: (a) around 01:10, the victim C’s main points located in Kimhae-si Kimhae-si, stating that the victim could not drink if the victim did not fully pay the credit alcohol amount; (b) the victim’s property was damaged by the market price, such as turbing the tables and chairs inside the area, turbbing the instant table, turbing the cup, turbing the cup, and turbing the instant line on the floor; and (c) collecting a large storm, turbling the air conditioning, turbling the cooling and glass, and destroying the property of the victim who was in trouble in the city.

2. The Defendant: (a) destroyed the victim’s property at the same time, at the same time, and at the same place as the preceding paragraph; (b) avoided the disturbance; and (c) obstructed the victim’s singing shop work by force by force by causing other customers by harming the victim’s stringing tin-to-packer E, which is spacker, and being spacked for 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a investigative report (as to the confirmation ofCCTV images and the attachment of photographs);

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense and the choice of imprisonment, respectively;

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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act include the following circumstances: (a) the scope of punishment is not agreed with the victim; (b) the Defendant’s age, sex, family relationship, family environment, motive and means of the crime; and (c) the sentencing conditions indicated in the records of this case, such as the following: (a) the basic area (f) [the scope of the recommended punishment] of the first type of crimes (i.e., damage to property) (i., April to October) (i.e., the scope of the recommended punishment]; (b) the basic area of the second type of crimes (i.e., damage to property) without any special sentencing; (c) the scope of punishment; and (d) the final scope of punishment following multiple aggravations for which there are no special sentencing: (d) six months to one year; (e) the decision of punishment was not agreed upon; and (e) the Defendant’s age, sex, family environment, motive and means of the crime after

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