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(영문) 서울동부지방법원 2016.03.25 2015고단3759
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2015, from around 17:45 to around 18:00 of the same day, the Defendant obstructed the victim’s safe-point business by force by avoiding the disturbance of about 15 minutes, such as holding the victim C from the border point of “D” where the victim C works in Gwangjin-gu Seoul Special Metropolitan City, without any reason.

2. On December 5, 2015, at around 18:05, the Defendant publicly insultingd the victim by openly insulting the victim, on the following grounds: (a) at the place indicated in paragraph (1); (b) at around 18:05, the Defendant, as described in paragraph (1), among many people, reported the disturbance, such as the above C et al.; and (c) on the part of the victim’s assistant F of the Seoul Mine Police Station E box called “Woo kbp kb kb kbk.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written statement and the F’s accusation statute;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed each of the instant crimes under the influence of alcohol even though he/she was guilty of several times of violence, and that the nature of the crime is somewhat weak, such as taking the police officers dispatched to the police station to take a bath.

However, taking into account the favorable circumstances, such as the fact that the defendant has already divided his mistake into depth, and that he does not repeat the crime, such as receiving the psychopsychological treatment, the victim C et al., and the fact that he does not want the punishment of the defendant, and other favorable circumstances, such as the defendant's age, occupation and character, relationship with victims, and circumstances after the crime, etc., the execution of the punishment is suspended under the condition that the community service order is added only once.

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