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(영문) 서울남부지방법원 2017.03.15 2016고단6297
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On November 3, 2016, around 00:20 on November 3, 2016, the Defendant: (a) entered a restaurant of “E” operated by the victim D(E) located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu Seoul Metropolitan Government 1 floor; (b) took a bath for customers who are taking meals, such as “ging, singing, singing, and sing off, with no such container,” and avoided any disturbance.

Accordingly, the defendant interfered with the above D's restaurant business by force.

2. The Defendant, upon receiving a report at the date and time, at a place under the foregoing paragraph 1, solicits the police officer to invalid home, and among many people such as the above D, repeatedly hump to the above F, such as “hums, Chewing sark,” etc.

Accordingly, the defendant openly insulting the FF.

3. From November 3, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:50 on November 3, 2016, the Defendant took a bath to police officers who worked for about 20 minutes while drunkly in the patrol unit office located in Yangcheon-gu Seoul Metropolitan Government Police Station located 89-1, Yangcheon-gu, Yangcheon-gu.

Accordingly, the defendant, while under the influence of alcohol, led to very rough words and actions by public offices.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with Business Affairs, Selection of Imprisonment), Article 311 of the Criminal Act (Embrying point, Selection of Punishment of Imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (Embry from official document, and Selection of Fine) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the defendant has been punished several times for the same kind of crime, and in particular, the fact that the defendant again committed each of the crimes of this case during the suspension period of the execution of imprisonment due to injury, etc.

Provided, That this shall not apply to the fact that the defendant is against his/her duty, or interference with his/her duties.

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