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(영문) 의정부지방법원 2014.04.10 2013고정1038

업무방해등

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. Around 16:50 on September 12, 2012, the Defendant interfered with the business of the Defendant: (a) d’E’s “E” hotel in Kang Chang-gun, Gangwon-gun; and (b) d’s employees at the same hotel shop, expressed the Defendant’s desire to the Defendant on the ground that the Defendant’s husband was in in indistinctial relationship; (c) d’s f’s employee, d’s employee at the same hotel; (d) d’s employee, d’s employee, d’s husband, d’s spath of water in the instant instant cup, and obstructed the Defendant’s operation of the coffee shop by force for about 17:50 hours on the same day

2. 모욕 피고인은 위 1항 기재 일시, 장소에서 피해자 F에게 직원 및 손님 등 여러 사람이 있는 앞에서 “바람피운 년이 뻔뻔하다!”, “저 년이 내 남편을 꼬셔서 내가 이혼을 하게 되었으니 간통죄로 쳐 넣을 것이다!”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of witness G in the witness examination protocol outside the fixed date;

1. A complaint;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Code of the Suspension of Sentence (in the case of the defendant, it may be assumed that the defendant is in a non-humane relationship with the husband of the defendant, taking into account the circumstances leading to the above crime, including the first offender);