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(영문) 서울중앙지방법원 2016.10.19 2016고단5674
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2016, at around 15:30 on July 15, 2016, the Defendant took a view that “E store operated by the victim D (Woo, 31 years of age) in Jung-gu Seoul Special Metropolitan City, divided conversations with the Defendant’s daily activities, and, as a result, Defendant’s daily dmond drums fall between the floor of the floor of the site, Defendant brought a construction section outside in order for the Defendant to find his reflects, and tried to remove the floor. In that process, the Defendant demanded that the victim be examined. However, on the ground that the victim did not want to find the victim’s reflects while there was no newspaper, the Defendant was 10 guests and 10 guests, “this hing year, hing year, and hing years,” and “this hing shape.”

As the defendant finds a counter-place and continues to leave the store, Nonindicted Party F (the 70-year-old age), who is the victim, intends to produce the defendant out of the store, and the defendant's head "as soon as he is sealed the f's chest."

V. L. L. L.W. L. L. L. L. L.W. L. L.C.

In the end, customers in the place have uneasinessd to feel uneasy, resulting in disturbance, and eventually, they went out of the store.

Accordingly, the defendant openly insultingd the victim and interfered with the victim's task.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each part of the police interrogation protocol regarding F;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Article 314 (1) and Article 311 of the Criminal Act and Article 311 of the same Act concerning the crime, the choice of imprisonment with labor;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 2010, Jan. 8, 2009) is the reason for the suspended sentence (amended by Presidential Decree No. 2010, Jan. 2, 2009).

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