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(영문) 서울중앙지방법원 2013.07.05 2013고단3049
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant was sentenced to six months of imprisonment with labor at the Seoul Central District Court for the crime of interference with business on February 27, 2013, and the said judgment became final and conclusive on March 7, 2013, and completed the execution of the sentence at the Seoul Detention Center on February 27, 2013.

2. Criminal facts;

A. On May 30, 2013, at around 03:45, the Defendant, who interfered with the business, laid down a dust from the victim D(W, 59 years old) on the first floor of the Gwanak-gu, Seoul Special Metropolitan City, by drinking in the “Epbook” operated by the victim D(W, 59 years old), thereby breaking the side of the front light without any justifiable reason, and harming the customer by going against the disturbance.

Accordingly, the defendant interfered with the victim's business by force.

나. 모욕 피고인은 2013. 5. 30. 04:25경 서울 관악구 F에 있는 G지구대 안에서 피고인을 현행범인으로 체포한 피해자 H에게 경찰관 4명이 있는 가운데 “야 개새끼들아, 니네들이 뭔데. 짭새 새끼야 확 쑤셔버린다. 니네들 나 갔다 온지 얼마 안됐는데, 밤길 조심해라. 야 씨발 새끼들아 니들 돈 얼마 쳐 먹었어.”라고 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Damage photographs;

1. A complaint;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Interference with relevant legal affairs concerning criminal facts: Article 314 (1) of the Criminal Act: Article 31 of the Criminal Act;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that the victim D, who reflects his mistake in the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, does not want punishment, in addition to the repeated crimes, for the reason that there are many criminal records related to violence

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