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(영문) 서울북부지방법원 2018.04.27 2018고단479
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On January 31, 2018, at around 20:30, the Defendant: (a) was unable to bring a disturbance for about 20 minutes, such as a 20-minute-gu Seoul Central District Court Decision 201:30, Jan. 31, 2018, at the point of the trade name “D” operated by the Victim C (V, 67 years of age); (b) b) b) b) b (c) b) b) b (ac) b) b) b) b (ac) b)

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant, at the time and place as indicated in paragraph 1, has two male guests with C and name in a place where the Defendant is insulting, whether the victim E (V, 29 years of age) “Is several lives.”

Women's Does

Whether it is deemed to be

“Patch” means the largest sound, and to the victim F (n, 29 years of age) “hatching year to the head of the Gu” .

There is neither life nor life.

Women's will be women.

Does the years in which they are considered.

The victims were openly insulting by speaking in a large voice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each complaint;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and each choice of imprisonment with prison labor;

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 suspended execution;

1. The fact that there are two times the records of punishment for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Criminal Act, the records of punishment for violent crime are four times, no effort is made for the recovery of damage, and all of the sentencing conditions under Article 51 of the Criminal Act that are shown in the records are considered, and the punishment is determined as ordered.

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