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(영문) 의정부지방법원 고양지원 2018.01.18 2017고단2886

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2017 Highest 2886] From August 20, 2017 to December 12:40, 2017, the Defendant had the victim E, the head of the place where the Defendant lost cash from the above publicly announced toilet, and repeated the words such as having the victim E, who was the head of the place where the cash was lost, did not properly handle the cash, or assault himself, and obstructed the operation of the victim’s public announcement board by force, such as having the resident take a bath by referring to F before the above 88 room, or removing the windows at the place.

[2017 고단 3141] 피고인은 2017. 8. 18. 10:53 경 위 D 88호 앞에서 위와 같은 폭행 장면을 목격하고 112에 신고한 피해자 G(23 세 )에게 “ 너는 아무 상관없는데 왜 끼어들어, 칼로 씨 발 확 쑤셔 버리겠다, 니 동선을 파악해 놨으니 길 가다가 조심해 라.” 고 말하여 피해자를 협박하였다.

Summary of Evidence

[2017 Highest 2886]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph by cutting off on-site CCTV images (2017 upper end 3141);

1. Statement by the defendant in court;

1. Application of the statutory statement law to witness G;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 283(1) of the Criminal Act (the point of intimidation) and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation have the record of having been punished several times for the same or different crimes.

There is no reason to take into account the motive and circumstances of the crime, and the victim G of the crime of intimidation is punished by the defendant.

However, the defendant is against the defendant, and the victim E is punished for the crime interfering with business.