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(영문) 부산지방법원 2018.11.06 2018고단1630

업무방해등

Text

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

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to six months of imprisonment for a crime of intrusion upon residence in Busan District Court's Dong Branch, and completed the execution of the above punishment on March 26, 2018.

[2018 Highest 1630]

1. On April 2, 2018, the Defendant interfered with the business of the victim C and damaged property: (a) on the street in front of the "E dental shop located in Busan Jin-gu, Busan, on April 21, 2018; (b) on the ground that the victim of the street store was deprived of another person's whereabouts, the Defendant damaged the victim's property equivalent to KRW 30,000 at the market price by force for about five minutes, such as the victim's walking a boom that includes any over-day, displayed on the victim's leftboard, and thus, interfered with the victim's street occupation by force for about five minutes, and at the same time, damaged the victim's street occupation by walking the bridge, which is displayed on the above left board, making it impossible to be scattered and sold off on the floor.

2. On April 2, 2018, the Defendant assaulted the Victim F (18 tax) on the victim F (hereinafter referred to as “F”) on the victim’s face at the places described in paragraph 1 around April 2, 2018, on the ground that the victim, who was in the front thereof, was asked the Defendant “drawing”, and assaulted on the victim’s face.

[2018 Highest 2629] On June 16, 2018, the Defendant destroyed the water source equivalent to 12,000 won at the victim’s market price at the entrance of the gate to the victim for the reason that the victim “she shall not leave the cafeteria to the aged,” which the victim tolds his/her employees to speak in the cafeteria.

Summary of Evidence

[2018 Highest 1630]

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to C [2018 high order 2629];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reply to inquiries, such as written statements made by the police with H [before judgment] criminal history, and reports on investigation (report on confirmation of the period of repeated crime of the suspect];

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense; Article 366 of the Criminal Act; Article 260(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;