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(영문) 서울남부지방법원 2014.12.17 2014고단4365
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 8, 2014, from around 11:35 to 11:55 on the same day, the Defendant interfered with the business of the Defendant: (a) was seated in front of the backboard of “D” operated by the injured party C” in Guro-gu Seoul, and (b) was able to take a large scale of “Chewing years, openings, and low-years”; and (c) the Defendant was able to avoid entering the place by smoking tobacco.

Accordingly, the Defendant interfered with the victim's business of selling fishery products by force.

2. At the time and place specified in the above paragraph (1) above, the Defendant abused the face of the above G on one occasion by stating that “I am off, I am dead, I am dead, I am dead, I am dead, I am dead, and I am am,” who was called “I am dead, I am dead, I am dead, I am dead, I am am dead.”

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention, suppression and investigation of crimes.

3. Around November 13, 2014, the Defendant insultd the victim publicly by openly insulting the victim in the criminal room of the Guro-gu Seoul Police Station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, with the large voice, “I by multi-party interpreter I, who is the victim, and among the suspects of other cases, while there are the suspects of multi-party H in order to cut off the lock.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of C’s written laws and regulations

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts;

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

1. The number, contents, etc. of each of the crimes in this case for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds).

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