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(영문) 대전지방법원 논산지원 2014.04.08 2013고단562
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] On October 31, 2013, the Defendant was sentenced to one year of imprisonment for the obstruction of performance of official duties by the Daejeon District Court, and the judgment became final and conclusive on December 30, 2013.

【Criminal Facts】

On October 9, 2013, from around 13:25 to 14:00 on the same day, the Defendant was under the influence of alcohol in the D stores operated by the victim C in Seosan-si, B, and asked E employees of the store for the automatic transfer of mobile phone charges, and the Defendant was under the influence of alcohol in his own voice, “Cexpileia, whether the automatic transfer would have been harmful”;

내실에 있던 피해자가 나와 경위를 확인하자 “내가 네 아버지뻘이다. 이 씨발놈아”라고 욕설하며 손을 들고 달려들어 피해자가 피고인의 두 팔을 잡고 제지하자 이를 뿌리치다 POP(매장 내 설치물)를 바닥에 떨어트리고, 피해자가 매장 내 의자에 앉게 하자 상의와 내의를 벗고 큰소리로 욕설하다

In order to confirm the name tag of the employees that may occur, “C and F knife knife knife knife. knife knife. knife. knife. knife. knife. knife. knife knife knife a staff member who cannot know his name

Accordingly, the defendant interfered with the victim's mobile phone sales business by force for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of statutes on images of on-site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. In full view of the following facts: (a) the Defendant, with reasons for the sentencing of the latter part of Articles 37 and 39(1) of the Criminal Act, has committed violence, obstruction of the performance of official duties, and obstruction of business affairs several times; and (b) the Defendant committed the instant crime again during the appellate trial of the case; and (c) the Defendant has committed the instant crime again during the period of the appellate trial of the case, and thus, is sentenced to a sentence of imprisonment

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