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(영문) 부산지방법원 2017.02.16 2016고단4970
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2016 Highest 4970"

1. On April 20, 2015, around 23:35, the Defendant obstructed the work of victims by force six times in total, from around that time to December 2015, the victim D (25) located in Busan Dong-gu, Busan, in the first floor of “E hospital” where security personnel work, takes a bath to patients and their protectors, and restrain them from taking a bath, and interfered with the management of the victim’s hospital by acting as he/she did so, and interfered with the victim’s work by force over six times in total, such as the daily list of crimes, from around that time to December 20, 2015.

"2017 Highest 471"

2. Larceny;

A. On December 22, 2016, the Defendant stolen a set of punishment equivalent to 39,000 won in the market price, which is the victim’s possession, displayed at the “H” clothes store operated by the victim G located in the Busan Metropolitan City, Busan Metropolitan City, by taking advantage of the gaps of surveillance negligence, around December 14:28, 2016.

B. On December 22, 2016, at around 14:30 on December 22, 2016, the Defendant: (a) stolen a set of punishment equivalent to KRW 8,000 in the market value of the victim, which was displayed at the “K’s clothes store operated by the victim J, by taking advantage of the gap where surveillance was neglected; and (b) the Defendant stolen it by taking the reduction of the amount of punishment equivalent to KRW 8,00.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. Each police statement made against L/M;

1. Each statement of D, N,O, and P;

1. Crimes of subparagraph 2 of the 112 Report Processing Table 6:

1. Statement by the defendant in court;

1. A written statement of G and J;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da15488, Apr. 1, 2006)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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