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(영문) 서울북부지방법원 2014.09.19 2014고단1863
업무방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On April 15, 2014, from around 02:30 on April 15, 2014 to around 03:10 on the same day, the Defendant: (a) stated that, with respect to the Defendant’s smoking in a D cafeteria located in Seoul Special Metropolitan City, the victim E, who is an employee of the said cafeteria, said cafeteria, said cafeteria, the Defendant was a non-smoking area; and (b) stated that, on the ground that, on the ground that the cafeteria, the Defendant was said to have received tobacco, the Defendant interfered with the Defendant’s business, thereby obstructing the victim’s restaurant business by force, by: (c) preventing customers who had entered the cafeteria from entering the cafeteria

2. The Defendant insultd the victim E openly by openly referring to “a fluor who has opened the same age as a fluor,” at the time and place indicated in paragraph 1, and at the same time, the victim E, such as F, which is a customer of the said restaurant.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 314 (1) and 311 of the Criminal Act concerning facts constituting an offense. Article 314 (Selection 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is pening his/her mistake in depth, the fact that the defendant appears to be a contingent crime committed under the influence of alcohol, the degree of damage, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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