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(영문) 서울동부지방법원 2013.11.20 2013고단1152

업무방해등

Text

The defendant shall be punished by a fine of 1.5 million won for the crime of 1. and 2. The defendant shall be punished by a fine of 1.5 million won for the crime of 3.

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to four months of imprisonment by the Seoul Eastern District Court due to the crime of interference with business, etc., and the said judgment became final and conclusive on the same day, and on February 21, 2013, the Defendant completed the execution of the said punishment in Seongdong-gu District Court

1. On May 11, 2013, at around 23:45, the Defendant interfered with the business, on the ground that at the “E” restaurant operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City, the Defendant prevented the Defendant from taking the water continuously by receiving the water without having a meal, he saw the Defendant “scoping, going off to a string, going off.” The Defendant scophing, scoping, and talked, scoping, scoping, and taking a bath for one hour, and obstructed the Defendant’s operation of the restaurant by force by avoiding the disturbance for one hour.

2. 모욕 피고인은 2013 .5. 12. 00:55경 서울 광진구 F 소재 G지구대에 제1항과 같이 업무방해 행위로 현행범인으로 체포되어 대기 중, D 등 민원인들이 있는 가운데 출동경찰관인 G지구대 소속 순경 피해자 H에게 “개새끼 죽여버린다. 짭새 새끼들이 좆같이 일을 한다. 씨발놈들 병신 같은 놈들, 너희 목을 다 떼어버린다. 너는 에이즈환자 같다. 이씹새끼들 좆같은 새끼들 머리를 깨버린다”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

3. On January 2012, the Defendant: (a) obtained a driver’s license, etc. lost by the victim I while returning it to the victim in the street near the Myeonndong subway Station in Jung-gu, Seoul; (b) and (c) embezzled it with his idea to have; and (d) embezzled it in the same manner three times as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Second-time protocol concerning the examination of the suspect against the accused;

1. Statement of each police statement to D and J;

1. A complaint filed for the preparation of H;

1. A written statement in K and I;

1. Seizure record and list;

1. Criminal records before judgment: Criminal records;