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(영문) 인천지방법원 2014.08.27 2014고단4261
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:00 on April 12, 2014, the Defendant interfered with business, at the main point of “E” in the operation of the victim D (n, 65 years of age) located in Nam-gu Incheon Metropolitan City, for the reason that the Defendant, who was under influence of alcohol, demanded the Defendant to leave the said main point, was unable to go, and the Defendant was unable to get out of the said main point by avoiding disturbance for about two hours, such as passing a noise and passing a noise, even to the customers with the said place, and passing a noise, and making it possible for the Defendant to enter the said main point.

Accordingly, the defendant interfered with the victim's main business by force.

2. On April 12, 2014, around 19:10, the Defendant, who was arrested in the act of committing an offense and was brought in the criminal watch room in the Southern East-dong Police Station located in 668, Nam-gu, Incheon, Nam-dong, Incheon, and was unable to wear arms. B, 4 police officers G victims of the said police station (the age of 31), who were investigated for other cases, were given a public hump to the victim of the said police station (the age of 31), and sexually insulting the victim by openly insulting the victim.

3. On April 12, 2014, at around 20:40, the Defendant: (a) sought the main points of “E” in the operation of the Victim D, and sought to find and take a look at his own seat; and (b) avoided it from the victim; and (c) made it possible for the Defendant to take the repair expenses incidental to the market value, such as: (a) walking with the trustor and the chair who was on the said main points to walk on the floor; and (b) displaying the chair’s bridge, which was laid on the floor; and (c) destroying them.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each written statement of D;

1. Application of statutes on photographs of damage;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (Interference with Business), Article 366 of the Criminal Act, and Article 311 of the Criminal Act concerning the crime: Selection of imprisonment with prison labor;

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

1. The defendant under Article 62(1) of the Criminal Act committed the instant crime.

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