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(영문) 인천지방법원 2017.11.02 2017고단5565
업무방해등
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 13, 2016, the Defendant was sentenced to ten months of imprisonment by the Incheon District Court for the crime of destroying property, etc., and completed the execution of the sentence on June 6, 2017 in the Ansan Prison.

[Criminal Facts]

1. Around 10:20 on June 26, 2017, the Defendant interfered with the Defendant’s business operation by force, such as passing sound for about 40 minutes on the back of 24 hours, on the ground that the “E” operated by the victim D (E) of the victim D in the Southern-gu Incheon Metropolitan City, Seoul, had no picture to be included in the first place as soon as possible, and making customers in his/her place of the place of the public bath have failed to go quickly, and making them go against the duty of prompt operation of the victim.

2. Damage to property;

A. On June 29, 2017, at around 01:55, the Defendant destroyed the victim’s property by gathering two plastic chairs at the bottom of the market price in the place managed by the victim H, where 10,000 won was located, on the ground that his/her mobile phone was lost before the G convenience store located in the Nam-gu Incheon Metropolitan City F.

B. On July 20, 2017, around 05:30 around 05:30, the Defendant loaned tobacco to the players passing through the same place as the entry of paragraph 2-A, but on the ground that the players refused to do so, the Defendant destroyed the victim’s property by leaving 10,000 won of the market price in the place managed by the victim H, where one of the plastic chairs was gathered on the floor and having the part of the chair.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made to D, J and H;

1. Each statement of D, I, and H;

1. Photographss, first-hand photographs, convenience store photographs, and damaged plastic chairs photographs;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (reports on the results of confirmation of previous convictions of the disposition, attachment of previous convictions, and reporting of repeated crimes);

1. Article 314 of the Criminal Act applicable to the crime and the choice of punishment.

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