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(영문) 서울중앙지방법원 2018.10.17 2018고단4849
업무방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

(b) Crime history;

1. On May 20, 2018, the Defendant interfering with his/her duties: (a) within the main point of “E” operated by the Victim D (3*) located in Jung-gu Seoul Metropolitan Government (C) on May 20, 2018; (b) while under the influence of alcohol, he/she does not promptly give orders to the Victim and Employees F.

and continue to be followed by, “Ire and Ire,” and “Isre,”;

The phrase, "to extract the snow," etc., and to create a bad atmosphere, the victim's eye is bleeped, the victim's face was flicked, the head is flicked, and the head was inside the main room after putting the face of the above employee.

For about 30 minutes, the victim's main business operation was obstructed by force, such as the display of 20-liter licker licker licker, etc.

2. The Defendant in violation of the Punishment of Minor Offenses Act: (a) around May 20, 2018, at the H District District of the Seoul Central Police Station located in Jung-gu Seoul, Jung-gu, Seoul; (b) arrested a flagrant offender for committing a crime described in the preceding paragraph; and (c) 1, etc. of police officers, including 1,000 police officers arrested him/her and waiting for committing such crime; and (d) “I, etc.

“.....”, “..... Habi Habi,” “... Habi Habi,”

Along on about one-hour period of time, such as passing through the breath of this Chewing baby, a riotous or disorderly speech and behavior at a public office, which led to a riotous speech and behavior.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of investigation reports (related to the verification of CCTVs in the place of occurrence), investigation reports (related to the verification of images of personal phones), and statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with the duties, selection of imprisonment, and selection of punishment) concerning the facts constituting an offense, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing public order, the point of disturbing public order, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is high enough for the Defendant who was punished by an act of violence in the past.

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