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(영문) 인천지방법원 2016.02.04 2015고단7123
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. On July 28, 2015, from around 23:30 to the next day 00:30 of the following day, the Defendant obstructed the victim’s restaurant business by avoiding disturbance for about one hour by force, and thereby obstructing the victim’s restaurant business by forcing D, an employee without any particular reason, by talking D, “this pair of years, wres, and this wres?”

2. On July 29, 2015, at the same place as around 00:30 on July 29, 2015, the Defendant sexually insultingd the victim F, a police officer affiliated with the Incheon Southern Police Station Edistrict, who was dispatched to the site after receiving a report that he frighted the fright as referred to in the above paragraph (1), and recommended the victim to pay the drinking value and return home. While the above restaurant employees D, G, etc. are maintained, the Defendant expressed the victim that “I am the same fright, Nice police officers, the fright of the dog that do not have any peta,” and expressed that “I am the victim publicly insulting the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes by capturing an important stofaf;

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 punishment by imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 of the Criminal Act of the community service order (not agreed upon, and considering the fact that there is a record of the same kind of fine for the obstruction of duties and insult);

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