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(영문) 부산지방법원 2013.11.12 2013고단3432

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Interference with business;

가. 피고인은 2013. 4. 14.경 부산 연제구 C에 있는 D마트에서 다른 사람에게 욕설한 일이 있는데 당시 위 마트의 종업원인 피해자 E이 경찰신고를 도왔다는 이유로 2013. 4. 16. 14:45경 위 마트에 찾아가 피해자에게 ‘야이 씹할 년아. 니가 왜 나를 경찰에 나쁘게 신고했노. 야이 씹할 년아.’라고 욕설을 하고 출입구 부근을 계속 맴돌며 시비를 거는 등 행패를 부려 위력으로 피해자의 영업업무를 방해하였다.

B. On May 21, 2013, around 14:20 on May 21, 2013, the Defendant passed the H powder point operated by the injured party G in Busan Fulgu, and without any particular reason, she malute about the breath and eye of the booming year and eye to the injured party.

The victim's business operation was interfered with by force, such as breaking the victim's plastic chairs in front of them, threatening the victim to drink, etc.

2. The Defendant’s assault 1.B.

At the time, at the place, the victim I (the 54 years of age), who is the customer, expressed to the victim I (the 54 years of age), that he would be able to drink. He expressed to the us that she will drink, and the victim assaulted the victim's left hand on one occasion due to the victim's drinking she would have her desire to drink.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of I and G

1. Article 314 (1) of the Criminal Act (a point of interference with business) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is 69 years old, or the defendant was sentenced to a suspended sentence of 6 months in the Busan District Court on October 18, 2012 due to the crime of interference with business, assault, and insult, which was sentenced to a suspended sentence of 2 months, which was decided on October 26, 2012, and committed again the instant crime of the same kind without prejudice even though the judgment became final and conclusive on October 26, 2012. In addition, 10 violent crimes are also committed.