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(영문) 부산지방법원 2014.12.17 2014고단8149
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

The defendant returned to the main points, restaurants, etc. in the D market located in Pyeongtaek-gu Busan Metropolitan City, and repeats interference with the business from time to time with the owners of the D market by taking a bath or wearing a plaque.

1. Interference with business activities for victims E;

A. On January 1, 2014, at around 18:00, the Defendant found a G restaurant operated by the Victim E (Woo, 39 years of age) located in the Busan East-gu, Busan, and obstructed the victim’s restaurant business by force by avoiding disturbances for about 15 minutes, such as “hinging, hinging, hinging, hinging, hinging, hinginging, hinginging, hinginging, hinginging, hinginging, hinginging, etc. that the Defendant reported to the police on the act of interference with the Defendant’s business.”

나. 피고인은 2014. 1.말 일자불상 18:00경 위 가항과 같은 장소에 다시 찾아가 위와 같은 이유로 피해자에게 “씹할 년아. 화냥 년아. 뚱뗑이 년아. 죽인다.”고 고함을 치며 욕설을 하는 등 약 15분간 소란을 피워 위력으로 피해자의 식당영업 업무를 방해하였다.

2. Around 13:00 on August 2014, the Defendant obstructed the victim’s restaurant business by abusing the victim’s “J” restaurant operated by the victim H(s) located in the Busan Eastdong-gu, Busan, for about 13:0,00, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance for about 30 minutes, including: (a) he saw that the victim’s “Chewing h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. from the original house; and (b) h.h. h. h. h. h. h. h. from the original house.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to H and E;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. Although there are many criminal convictions against the defendant under Article 62(1) of the Criminal Act, it is possible to agree with the victim H and not to repeat the crime.

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