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(영문) 서울서부지방법원 2018.04.12 2018고단90

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

1. On November 25, 2017, at around 04:00, the Defendant: (a) was drunk in front of Mapo-gu Seoul Metropolitan Government C, and was forced the victim E, a security personnel of the said club, to control other customers, by drinking on the street; (b) was forced to control the victim E; and (c) was discharged from the clothes he was flashed, and was flashed “I are flads themselves.”

“The head of the Gangnam Police Station Park Jong-nam, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-tae, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-chul, and Park Jong

2. The Defendant committed the assault, at the time and place set forth in the preceding paragraph, committed the assault, such as: (a) the victim E (26) was 4 times the chests of the victim E (26) and taking the victim’s launchings, etc. one time.

3. The date and time set forth in the preceding paragraph, the Defendant found the Victim F who photographs the Defendant’s scene of the crime with a cell phone at the place where the crime was committed; and

Doese?

In stating, “The victim’s cell phone was deducted from the victim’s cell phone and started on the seeds floor, and the victim’s market price, which is the victim’s ownership, stated “500,000 won” in the indictment, but there is no evidence to acknowledge it.

The mobile phone was damaged by destroying it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage) and the choice of imprisonment for a 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The degree of damage is not much severe, and circumstances unfavorable to the fact that there is no record of punishment heavier than the fine: The records of fines imposed on the same kind of crime are several times.