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(영문) 부산지방법원 동부지원 2014.05.16 2014고단401

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 30, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court’s Branch Branch Branch, and completed the execution of the sentence on July 12, 2013.

1. On January 29, 2014, at around 10:40 on January 29, 2014, the Defendant: (a) demanded the victim to reach an agreement on the work at the time of the victim, which was operated by the victim D in Busan Southern-gu, Busan-gu; (b) however, on the ground that the Defendant refused to reach an agreement, the Defendant obstructed the victim’s operation by force by forcing the victim to avoid funeral services, such as “Chewing, Chewing, and agreed so that the victim can find and instruct each day, if the victim does not agree to do so.”

2. At around 16:15 on the same day, the Defendant, at around 16:15 on the same day, sought a re-agreement by finding the said store run by the victim D, but, on the grounds that the victim refused such an agreement, obstructed the victim’s excessive business by force by neglecting a disturbance, such as cutting the her bridge, leaving the boomer in the display room, leaving the boomer, leaving the boomer, leaving the boomer down, etc. on the ground of his refusal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records, investigation reports (retaliatory and ascertainment of repeated crimes), and personal identification and confinement status;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

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