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(영문) 서울동부지방법원 2015.03.26 2015고단345
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

피고인은 2014. 12. 7. 22:00경 서울 송파구 C에 있는 피해자 D(42세)가 운영하는 ‘E’에서 생맥주 500cc 한잔을 주문하여 종업원이 뻥튀기 안주를 가져다주자 “다른 서비스 안주느냐, 네가 뻥튀기를 안주로 내 놓으면 뻥튀기 밖에 안되는 거야 이 새끼야, 뻥튀기 인생밖에 안되는 거야”라며 약 20~30분간 욕설을 하였다.

After that, the Defendant, who again ordered to do so, expressed the victim’s desire to “Chewing, Chewing felling, to whom she would be able to be able to be able to be able to perform funeral in this context,” and the victim’s wife reported to the police, and the police officer dispatched upon receipt of a report, sent the Defendant out of the above business place.

Nevertheless, the Defendant, for a long time, took a bath to the victim who sees in the above business place and returned back to the house, and she was able to see whether the patient’s life is the same as that, she will live immediately, she will collapse, and the age of him/her. The Defendant sent back the Defendant to the outside of the business place, and then sent the Defendant to the outside of the business place, but the Defendant re-explosing the Defendant into the business place, with a sound, stating that “I will not take a funeral, if you do so, I will not take a funeral, and will not enter the business place, so that the customers who were in the above business place will go out of the business place and have come to the outside.”

Accordingly, the Defendant interfered with the business of the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to investigation reports (explosive reports) and investigation reports (in relation to additional statements about suspect's actions);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 of the Criminal Act:

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