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(영문) 서울중앙지방법원 2019.09.03 2019고단2422

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On February 25, 2019, at around 20:00, the Defendant avoided disturbance, such as drinking in C emergency shelters located in Jung-gu Seoul, Jung-gu, Seoul, and obstructed the victim’s emergency shelters by force for about 20 minutes by force, including: (a) the victim D (31) who is a social worker of the above center, “I are unable to sleep any other person; (b) have gone out of the center upon the victim’s request; (c) having the victim re-enter into the emergency shelters; (d) having the victim re-enter into the emergency shelters; and (e) having the victim take a desire to re-enter into the emergency shelters; and (e) having the self-support workers working therein sealed the body of the self-support workers working therein; and (e) having the wall to the above shelter installed.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police statement law to D;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

2. Article 62 (1) of the Criminal Act (Taking into account that the defendant has no history of criminal punishment heavier than the fine, and that he/she acknowledges his/her mistake, etc.);

3. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) there is no history of criminal punishment heavier than a fine imposed by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act; and (b) the background, means and result of the crime of this case; (c) the circumstances after the crime of this case; and (d) the age, criminal records