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(영문) 서울중앙지방법원 2018.04.19 2018고단1234

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:40 on January 20, 2018, the Defendant: (a) entered the waiting room of female employees at the above drinking point in Jongno-gu Seoul Metropolitan Government (the age of 56), without any justifiable reason, and laid off the waiting room of female employees at the top of the waiting room; and (b) laid down the victims and four female employees at the above drinking point to the victim and four employees of the above drinking point.

”라고 큰소리로 욕설을 하여 다른 손님들을 나가게 하는 등 약 30 분간에 걸쳐 소란을 피우고, 이에 피해 자가 피고인을 말리자 손으로 피해자의 멱살을 잡아 위 주점 밖으로 끌어낸 후 벽에다 피해자의 머리를 수회 부딪치게 하고 발로 피해자의 발목을 찼다.

Accordingly, the defendant interfered with the main business of the victim and assaulted the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (a CCTV investigation at the scene of occurrence and a counter investigation of victims' compensation workers);

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the fact that the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes his/her own crime; and (b) the fact that there

However, there is no obvious reason for the Defendant to commit the instant crime (the Defendant only stated at the time of interrogation of the police that “at the time of interrogation of the suspect, the victim made a large sum of money to the victim and gave money as her her Maternity with his her Maternity,” and that there was a statement made by the victimized person in the police, and that there was a record of punishment for violent crimes. In light of the fact that the victimized person was punished by the Defendant.