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(영문) 대전지방법원 2021.01.28 2020고단4787
업무방해등
Text

A defendant shall be punished by imprisonment for a period of five months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. On October 27, 2020, the Defendant: (a) took the influence of the victim C of Jung-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, Daejeon Special Metropolitan City (hereinafter referred to as “D”) on October 21:48, 202, and took a bath to the victim “salthn” without any specific reason; (b) took the victim’s bath to the victim “salthn” without any specific reason; and (c) took the part of the victim’s cryptive task by force; and (d) interfered with the victim’s business of the above cryptive task by force, such as taking the time fee to the customers in the above cryptive zone, making the customers out of the cryptive zone.

2. On October 28, 2020, the Defendant destroyed property by making it impossible to drink by leaving one sandd position, which is equivalent to 5,500 won in the market price owned by the victim E (the 40-year old age), the main agent of the above control point, which was cited by the above method, at the place indicated in paragraph 1, around 19:00, in the above method.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and E (net 2,4);

1. Application of Acts and subordinate statutes to on-site photographs, photographs of damaged sandd location, caps of DNA CCTV images ( KRW1-Ma31), CD internal reports (a reinforcement survey-phones against victims C), and internal investigation reports (the results of analysis of DNA CCTV images).

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) Class 1 Crimes (Interference with Business) (Interference with Business Affairs) [Type 1] Interference with Business Affairs (Special Sentencing) (Special Sentencing Person): Reduction element of punishment (including serious efforts to recover damage) [the area of recommendation and recommendation] mitigation area, imprisonment with labor for one month to eight months;

B. Class 2 Crimes (Destruction of Property) (Determination of Type): General Criteria / [Type 1] Damage of Property, etc. (Special Sentencing / mitigated element: Actual.)

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