beta
(영문) 서울중앙지방법원 2013.11.29 2013고단4480

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. 업무방해 피고인은 2013. 7. 19. 04:00경 서울 강남구 C 지하 1층에 있는 피해자 D이 운영하는 'E주점'에서, 칵테일을 주문하여 마신 후 아무런 이유 없이 업소에 있는 스피커 등 음향장비를 손으로 밀고 머리로 들이 받고, 위 업소에 들어오려는 손님들에게 큰소리로 욕설을 하고 소란을 피워 손님들이 들어오지 못하게 하는 등 약 1시간 동안 위력으로 피해자 D의 주점 영업을 방해하였다.

2. Around 05:20 on July 19, 2013, the Defendant’s insult and obstruction of performance of official duties: (a) on the front day of the “Eju shop” located in Gangnam-gu Seoul, Seoul; (b) on the front day of the “Eju shop” as described in paragraph (1), the Defendant was asked the victim G to ask him questions about the circumstances of the instant case, who was dispatched to the scene after having received 112 report, as described in paragraph (1); (c) among several people, the victim G received money from the victim G; and (d) he was the police officer of the Seoul Gangnam-gu Police Station: (c) Hah; (d) Hahhn, the Defendant Hahnhnhnhn’s Hah; and (e) Hahnh Hah’s Hah’s Hah’s Hahn’s lab; and (e) continued to open the victim G’s instant police officer’s lab to prevent the victim’s k’s performance of duties;

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations on the statement by police to I, J and G;

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act (the occupation of obstruction of performance of official duties and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

2. The recommended sentence for the sentencing criteria: