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(영문) 부산지방법원 2017.08.31 2017고단1777

업무방해등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On August 24, 2016, the Defendant was sentenced to one year and six months of suspension of execution on the grounds of interference with the execution of official duties at the Busan District Court, which became final and conclusive on December 24, 2016 and is currently under suspension of execution.

[Criminal facts]

1. Obstruction of business;

A. On January 22, 2017, the Defendant, at around 16:00, obstructed the victim’s operation of the amusement room by force for 10 minutes, such as drinking “D Gameland” in the “D Gameland” operated by the victim C, which was located in the Geum-gu, Busan, and unfortunateing, and neglecting the victim’s operation of the amusement room without any reason.

B. On January 22, 2017, around 17:00, the Defendant obstructed the victim’s business by force for approximately 30 minutes, including entering the “G presse” of the victim F, located in the Geum-gu, Busan, under the influence of alcohol, and shouldering the Baduk at a bar.

2. The Defendant damaged the free window owned by the victim F, by destroying one glass window (breadth 61cm, length 93cm, thickness 3 cm) of the emergency entrance in the above flag room, as he was unable to properly see the conduct of stopping himself at the time and place specified in paragraph 1-b, and at the same time and place, the Defendant damaged the free window owned by the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, C, H, I, and J;

1. On-site investigation reports, the list of reported cases processing cases, CD images, and field photographs;

1. Records of the judgment: The application of inquiry letter, such as criminal history, investigation report (A), previous convictions and results of confirmation of the disposition, and Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The defendant committed the crime of this case during the period of probation, such as the record of the crime of this case in particular, since there are many criminal records related to the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act.