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(영문) 춘천지방법원 영월지원 2014.10.17 2014고단354
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 13, 2014, the Defendant causing property damage: (a) around 03:57 on August 13, 2014, the Defendant: (b) while drinking alcohol at D entertainment tavern operated by the victim C in Gangwon-gun, Gangwon-gun, the Defendant: (c) requested the victim to go to a contact loan and two vehicles; and (d) he refused the victim “I will not go to a second-class shop; (b) he would be able to do so; (c) he would be able to do so if I want to do so; and (d) he would be unable to do funeral at the driver’s house again with the inside of the house; (d) 5 amblings (20 amcam per one stop) which were stored in the corridor, and caused the damage of the victim’s property equivalent to 150,000 won at the market price by spreading the beer disease in the way of cutting it into one’s corridor.

2. The Defendant interfered with the business of the victim by force for about 30 minutes by preventing customers from entering the said entertainment drinking house, such as gathering the beer, taking the victim’s bath, etc., at the above time and place, and obstructing the victim’s main business.

3. 모욕 피고인은 2014. 8. 13. 04:10경 112신고를 접수하고 위 유흥주점에 출동하여 사건 경위를 청취중이던 피해자 정선경찰서 E파출소 소속 경위 F에게 “쪼잔한 놈, 쫌생이 같은 놈, 호로새끼, 개새끼, 씹새끼”라며 큰소리로 욕설을 하여 동료 경찰관들 및 위 유흥주점 업주, 여종업원 등이 있는 자리에서 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A complaint;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the reasonable circumstances] is agreed with the victim C.

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