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(영문) 부산지방법원 2017.08.31 2017고단152
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 27, 2016, at around 18:30 on December 27, 2016, the Defendant obstructed the operation of the said main shop by force for about 10 minutes from that time on the following occasions: “E main store” operated by the victim D (Woo, 62 years of age) located in the Geum-gu Busan Metropolitan Government, with a large sound that “Igly take a bath with a view to this weather weather, Igly take it off, and prevented the Defendant from entering the said main store by avoiding disturbance,” and thereby obstructing the operation of the said main store by force.

2. On the same day, the Defendant sought again at the above main points while under the influence of alcohol at around 20:30 on the same day, and then sees as the employees of the above main points on the ground that they avoid another column, and sees as follows: “I am aware of why I am about the same year as the I am under the influence of alcohol.”

"Abruting the disturbance, such as taking a bath in a large sound, thereby sustaining the disturbance, thereby obstructing the operation of the main shop by force for about 20 minutes from that time, such as locating customers who have drinking alcohol at the above main point.

3. 피고인은 같은 날 22:00 경 술에 취한 상태로 다시 위 주점에 찾아간 후 위 주점 종업원들에게 술을 달라며 소리를 치다가 위 주점 손님들이 쳐다본다는 이유로 화가 나 “ 씨 발 놈들 아 뭘 쳐다보나” 라고 콘 소리로 욕설을 하는 등 소란을 피워 위 주점에서 술을 마시던 손님들을 쫓아내는 등 그때부터 약 1 시간 30분 동안 위력으로 위 주점 영업을 방해하였다.

Accordingly, the defendant interfered with the victim's main business by force over three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are as follows: (a) the defendant found a damaged business establishment three times on the same day and obstructed its business; and (b) the defendant interfered with the power and duties of the defendant who was sentenced to a two-year suspended sentence of imprisonment for one year by obstructing the execution of special duties.

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