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(영문) 서울남부지방법원 2018.04.06 2017고단6257
업무방해등
Text

A defendant shall be punished by imprisonment for up to seven months.

Reasons

Punishment of the crime

[Criminal record] On September 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for night-time structure intrusion theft, etc. at Seoul Southern District Court, and completed the execution of the sentence on February 9, 2016.

On May 12, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for habitual fraud, etc. in the Busan District Court Branch Branch of the Incheon District Court. On January 11, 2018, the said judgment became final and conclusive.

[2] On December 11, 2017, the Defendant: (a) around 02:30, at the main point of “E” operated by the victim D on the first floor underground of the Gangseo-gu Seoul Metropolitan Government building C; (b) demanded the Defendant to pay the alcohol value; (c) the victim D (n, 55 years of age) to the Defendant; (d) the beer’s disease was broken to the calculation unit; and (e) the Defendant called “tobacco” as “tobaccos.”

Victim F (53) reported by the Victim F (53) and the defendant "after the customer business."

“.....”

The Defendant was able to avoid disturbance for about 10 minutes by drinking the victim F at one time, by fighting the victim F with his body while fighting with the F. The Defendant fighting the body with the victim F. It was difficult for the Defendant to avoid disturbance for about 10 minutes.

Accordingly, the defendant, by force, interfered with the operation of the victim D's main points, and assaulted the victim F.

Summary of Evidence

1. Legal statements of the defendant and partial statements by the defendant;

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. On-site photographs;

1. Previous conviction: A written reply to inquiry, such as criminal history, the result of the confinement of prisoners, the text of the judgment, and the result of the case search [a defendant acknowledges criminal facts obstructing the duties, but asserts that he/she does not assault the victim.

However, in full view of the law and statements of the victim and witness, the application of the law can be recognized when the defendant interfered with the duties at the time and assaulted the victim).

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.

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