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(영문) 서울남부지방법원 2019.08.23 2019고단3332
업무방해등
Text

A defendant shall be punished by imprisonment for 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

1. On June 19, 2019, around 15:10 on June 19, 2019, the Defendant interfered with the business of the victim C, operated by Geumcheon-gu Seoul Metropolitan Government (hereinafter “D”), in front of the victim C, without any particular reason, putting the part of the victim’s “D”, which was located there for about 30 minutes while under the influence of alcohol, putting the part of the part of the victim’s D business by using the part of the victim’s pole, and putting the part of the pole on the floor, etc., and obstructed the victim’s D business.

2. The Defendant destroyed and damaged property by setting up the pole of an unsured softed pole on the floor at the market price, which is the victim C, such as paragraph 1, at the same time, at the same place as that of paragraph 1, and paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (verification of images with the face of a suspect's committing an offense);

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 366 of the Criminal Act, the choice of punishment for the crime, Articles 314 (1) and 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act, even though the defendant was punished as the day of having committed the same kind of crime under the influence of multiple times in the past, has again reached the crime of this case.

However, it is difficult to view that the degree of damage of the instant crime itself is significant, and considering the circumstances favorable to the victim C, including the fact that the victim was not subject to the punishment of the Defendant, it is reasonable to consider the motive and background of the instant crime, circumstances after the instant crime, age, character and conduct, economic circumstances, etc., based on a comprehensive consideration of various factors such as the motive and background of the instant crime as indicated in the trial process and records, circumstances after the commission of the crime, the Defendant’s age, character and conduct, and economic conditions.

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