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(영문) 광주지방법원 2015.08.20 2015고단1981
업무방해등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 28, 2015, the Defendant: (a) around 22:00, around 22:00, while drinking alcohol together with the LA in the F cafeteria operated by the injured party E in Gwangju Northern-gu, the Defendant: (b) received a port due to the Plaintiff’s smoking in the cafeteria; (c) took a large voice for customers in the cafeteria on the ground that the cafeteria would be bad; (d) reported the urine in the cafeteria in place in the cafeteria; and (e) obstructed the victim’s operation of the cafeteria by force over about 20 minutes, such as taking the victim’s bath.

Then, at around 23:00 on the same day, the Defendant, upon receiving a report from the host in the foregoing place, and received a removal from the victim’s guards H (the age of 48) and patrolmen I (the age of 32), who are police officers belonging to the G District Police Station G District G District of Gwangju Northern Police Station, and subsequently, the Defendant abused the victims by openly insulting the victims by using a large voice, such as “at least where there are two feass, double feass, chewing feas, and feass, and this year,” among the victims who are heard by the host operators and customers.

2. At around March 28, 2015, Defendant B: (a) stated why the said H and I were to be arrested as a flagrant offender of the crime of insult A at the above location on the following grounds: (b) Defendant B: (c) stated why the said H and I were to have the victim arrested as a flagrant offender of the crime of insult A; (d) stated why “I would like to board the fluor in the police station; (e) she would see why I want to have the fluor; (e) she would have the left back and the back head of H on the floor; (e) she spabling the flab; and (e) obstructed police officials’ legitimate performance of

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of H, I, and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions pertaining to criminal facts A: Article 314 of the Criminal Act (Interference with Business) and Article 311 of the Criminal Act ( point of insult): Article 136(1) of the Criminal Act ( point of obstruction of performance of official duties);

1. Selection of the penalty, and the decision of imprisonment with prison labor;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (defendants)

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