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(영문) 인천지방법원 부천지원 2014.09.25 2014고단1530
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to eight months of imprisonment with labor by the Incheon District Court for the crime of interference with business, etc., and completed the execution of the sentence on April 16, 2014.

Criminal facts

1. On May 18, 2014, the Defendant was unable to resist the victim’s face continuously for 25 minutes, including, but not limited to, the victim C, a street cleaners, who was cleaning the said area on the street in front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si B, and without any reason, while under the influence of alcohol, the Defendant was unable to resist for 25 minutes.

Accordingly, the defendant interfered with the environmental disastization of the victim by force.

2. Around the same time and time as set forth in paragraph (1) of this Article, the Defendant publicly insultingd the victims by stating that “Chewing franch, bitbitch f, bitch bitch bitch, bitch bitch bitch, bitch bitch f, who was dispatched to the said place after receiving a report of the above C C 112, and sent the victim to the D District Unit of the Seocheon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, as he was arrested in a flagrant act due to interference with duties and a suspicion of insult, and transferred the victim to the D District Unit of the Busan Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, as the petitioners observe, the victims were “a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch son, and the police.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. C’s statement;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports by individuals, personal identification and confinement status, application of Acts and subordinate statutes of the judgment;

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 labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act with heavier punishment for the crime of interference with business: Provided, That the long-term punishment for the above two crimes shall be imposed;

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