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(영문) 창원지방법원 2014.11.12 2014고단1972
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 18, 2014, at around 12:37, the Defendant interfered with the business, the Defendant: (a) called, on the front side of the “E” operated by the victim D in Seongbuk-gu, Sungwon-si, Sungwon-si, the Defendant obstructed the victim’s product transport business by force, such as going up for the victim to load the Fpoter vehicle where the victim continues to carry with the work defective things, and putting the victim on the vehicle carrying the Fpoter vehicle where the victim is carrying with the work defective things, and neglecting the victim’s product transport business for about 20 minutes.

2. At around 12:57 on the same day, the Defendant asked the victim G and the victim guards who were dispatched after receiving a report on the above interference with business at the same place and asked the Defendant “Iskn’s son’s Isn’t son?” The Defendant publicly insulting the victims, such as “Isk’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes of D;

1. Article 314 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the Criminal Act ( point of interference with business);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( space between the crimes of insult in the market);

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists an agreement with the victim of interference with business);

1. Social service order under Article 62-2 of the Criminal Act;

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