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(영문) 창원지방법원 2019.08.21 2019고단684

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2019, the Defendant interfered with business: (a) around 19:23, 2019, the Defendant told the victim D (23 years of age) (a) who caused the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecrecing of the brecing of the brecing of the brecing of the brecing of the brecing of the brecing of the bre

2. In the same time and place as indicated in paragraph (1), the Defendant openly insulting the victim by stating that “the victim is a bit of bitbitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Complaints and investigation reports (to listen to the Eline Statements of Witnesses);

1. Application of field photographs and CCTV video-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) comprehensively taking account of the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined.

Disadvantageous circumstances: The defendant is highly likely to obstruct the business of the victim during a considerable time and the method of committing a crime that obstructs the business of the victim is also not good.

The Defendant committed the instant crime without being aware of the history of having been punished by imprisonment with prison labor for the crimes related to obstruction of business, insult and violence.

A favorable circumstance: The defendant shall be liable for the crime of this case and the following matters.