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(영문) 창원지방법원 통영지원 2018.07.05 2018고단187
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 27, 2017, at around 21:15, the Defendant damaged property, without paying the drinking value after drinking alcohol at E drinking house operated by the victim D, at around 21:15, the Defendant changed the drinking value, and the victim restrains it, and changed the drinking value. The Defendant changed the drinking value to the point of entrance while taking a bath, the Defendant: (a) the number of alcohol bottles in an amount equivalent to KRW 500,000, the market price of which is equivalent to KRW 3,00,000, which is equivalent to KRW 45,000,000, the market price of which is equivalent to KRW 25,000,000; and (b) damaged the floor; and (c) damaged the part of the victim’s market price to the point of the 00,000,000.

The Defendant continued to report the victims of his cell phone photographing himself, and while taking the bath, the Defendant dump dump dump dump, which was the victim’s possession on the table that the Defendant dump dump dump dump dump dump, and dump dump dump dump the floor by cutting the victim’s body in hand.

Accordingly, the defendant damaged the property equivalent to the total market value of 164,000 won.

2. The Defendant interfered with the business of the victim by force, such as avoiding disturbance for about 23 minutes at the time and place specified in paragraph 1, allowing customers who were in the drinking house to leave, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the degree of damage caused by the instant crime, the fact that no agreement has been made with the victim, the criminal records of the Defendant, and other factors.

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