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(영문) 서울동부지방법원 2013.06.28 2013고단1018
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

1. On March 18, 2013, at around 09:30, the Defendant interfered with the business, at “E” store operated by the victim D (n, 54 years of age) located in Gangdong-gu Seoul Metropolitan Government, the Defendant obstructed the Defendant’s business by avoiding disturbance for about 30 minutes, including, but not limited to, the Defendant, under the influence of alcohol, the Defendant was at the time of manufacturing a house to the said victim, on the ground that the said victim was refused to do so, the Defendant was able to take a bath for the victim, and the victim was walking the entrance at the locker’s entrance.

From that time, from April 25, 2013 to April 17:10, 2013, the Defendant interfered with the business operation of the victims more than ten times at a place where seven victims work, such as the list of crimes in attached Table.

2. 모욕 피고인은 2013. 4. 12. 23:45경 서울 강동구 F에 있는 ‘G’ 음식점에서, 피고인이 소란을 피운다는 112 신고를 받고 출동한 강동경찰서 H지구대 소속 경찰관인 피해자 I(32세)이 피고인에게 집으로 돌아가라고 하자, 위 음식점 손님 10명이 듣고 있는 가운데 피해자에게 “내 몸에 손대지마, 씨발 짭새 새끼야, 내가 특수부대 출신인데, 쥐도 새도 모르게 너를 죽여 버릴 수 있어, 병신 새끼야 니가 뭔데 상관이야, 꺼져”라고 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, J, K, L, M, N, and I;

1. A written statement of theO;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. From among concurrent crimes, there are many criminal convictions who have been punished due to the act of violence, etc. for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (one time of suspension of execution among them, two times of suspension of execution), the nature of the crime, the circumstances of the crime and the result of damage are not easy, but the confession of the crime and the depth of the mistake are divided. Since 203, there are only the criminal convictions who have been punished by a fine, and the age, character and behavior of the defendant.

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