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(영문) 서울동부지방법원 2012.11.20 2012고정2286

업무방해

Text

The sentence against the accused shall be determined by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court on September 27, 2012 and the said judgment became final and conclusive on October 5, 201

On March 26, 2012, at around 20:0, the Defendant obstructed the victim’s funeral hall guidance business for the victim’s funeral hall by demanding the victim C (the 58 years old) who is an employee working in the funeral hall information room to charge a mobile phone and guiding the victim to the office, while taking a bath, such as “the same young”, on the ground that the victim’s instructions to the office but the user does not meet the mobile phone charging period, and thereby obstructing the victim’s funeral hall guidance business for about one hour, such as avoiding disturbance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. On-site reports;

1. Previous convictions: Application of respective written judgments and criminal defendant's statutory statements;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;