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(영문) 수원지방법원 성남지원 2019.07.10 2019고단748
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 January 1, 2019, at around 01:40, the Defendant: (a) destroyed the customer’s upper board by breaing the market price of the victim, which is the victim’s ownership, from the main point of “D” of the victim C’s operation in Seongbuk-gu, Sungnam-si; (b) under the influence of alcohol, the Defendant destroyed the customer’s upper board.

2. The Defendant interfered with the business of the instant victim by force, such as the time and time as set forth in paragraph (1) and time, and in a place as set forth in paragraph (1), breaking the bottom by breaking the glass and so on. As above, the Defendant interfered with the business of the said victim’s bar business by force by avoiding a disturbance for about 30 minutes, such as putting the brue onto the bottom and lying on the floor.

3. At around 02:20 on January 1, 2019, the Defendant publicly insultingd the victims by referring the victim F, a police official belonging to the Sungnam Police Station E Zone E zone, who was dispatched after receiving a report of 112 by avoiding disturbance as above, as seen above, to the victim F and the victim G, who was a police official belonging to the Sungnam Police Station E zone E zone, called “the bitch bitch bitch bitch bitch bitch,” and the Defendant must do so. The Defendant sexually insultingd the victims by referring to the police four parts of the police. Sick son.”

4. The Defendant at the same time, time, and place as stipulated in Paragraph 3, and obstructed a police official’s legitimate execution of his/her duties concerning the handling of 112 reports when taking the face of G as seen above, while taking the face of G as a drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and C;

1. Each complaint;

1. Application of statutes on site photographs;

1. Relevant statutory provisions of Article 314(1) of the Criminal Act concerning criminal facts (a point of interference with business), Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 314 of the Criminal Act concerning criminal facts (a point of interference with business), the selection of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually, the offenses of insult in the market);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are agreed with the victim C.

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