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(영문) 부산지방법원 2014.03.28 2014고정240
업무방해
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to one year by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) at the Ulsan District Court on September 26, 201, and the judgment became final and conclusive on December 14, 2013.

On June 12, 2013, at around 20:45, the Defendant interfered with the Defendant’s business through approximately 50 minutes, such as that, within the Cerc shop located in Busan Jin-gu, Busan, 2, and her two-way drinking and drinking together with the two-way drinking, the Defendant first her drinking, and that, “I would like to refuse” to the victim D, who is the owner of the business, “I would see why I would drink, and why I would do so, I would like to see why I would do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of a copy of judgment and Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes and grants exemption from punishment (where judgment was rendered simultaneously with a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), it is determined that he/she was sentenced to imprisonment for a period of one year including the instant crime, and thus, he/she shall be exempted from punishment against the Defendant in

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