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(영문) 인천지방법원 2018.03.22 2018고단275
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around December 7, 2017, the Defendant interfered with duties, damage property, etc.: (a) while drinking alcohol at the “E” cpamp operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon; (b) the Defendant paid the drinking value to other customers and recommended the Defendant to return home; (c) the Defendant paid the drinking value; and (d) the victim recommended the Defendant to return home, and (e) the consignee, the well-fluor, the fluor, and one chemical part at that place; (b) damaged the above goods at KRW 60,000,000, and interfered with the victim’s heading operation by force.

2. On December 15, 2017, around 00:15, the Defendant damaged the property by putting the victim G in the “H” drinking house operated by the victim G in Seo-gu Incheon, Seo-gu, Incheon, and without any justifiable reason, destroying the market value equivalent to KRW 100,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Application of each statute on photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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 stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Interference with Business Affairs) (Interference with Business Affairs) is not subject to punishment for the mitigated area (one month to eight months) (special mitigation person).

2. Where the actual damage is minor in the area of special mitigation (one month to six months) (special mitigation) of Class 1 (Destruction, etc. of Property), which is the general standard for the crimes (Destruction, etc.) of Class 2 (Damage, etc.) (the scope of punishment).

3. Where the actual damage is insignificant in the area of special mitigation (one month to six months) (special mitigation) for Class 1 (Destruction of Property, etc.) (Special Mitigation) (Article 1 to six months), which is the general standard for the crimes of Category 3 (Destruction of Punishment) (Scope of Punishment).

4. The scope of final sentence due to the aggravation of multiple offenses: One month to one year.

5. The decision of sentencing shall have the same criminal records and repeated criminal records for a short time; and

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