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(영문) 서울중앙지방법원 2018.10.10 2018고단5134
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 18, 2017, the Defendant was sentenced to eight months of imprisonment for insult, etc. at the Seoul Central District Court on May 18, 2017 and completed the enforcement of the sentence at the Seoul Detention Center on October 25, 2017.

1. Definite Defendant: (a) from around August 8, 2018 to around 02:24, 02:40, to around 02:40, the victim C (man, 45 years old) in Jongno-gu Seoul (hereinafter referred to as “C”), one Defendant’s daily activities at the restaurant operated by Jongno-gu Seoul, and one other customer, among which there are one other customer, the victim without any specific reason, “Woo packer packer. 588 (name from the window)”

씹할 년, 썅 년, 내가 보지에 박아 준다.

“Publicly insulting the victim by openly brutating the brutium in a large amount.”

2. The Defendant, at the time, at the place specified in paragraph 1, failed to avoid disturbance between approximately 20 minutes, such as making the victim take a bath in a large amount as described in paragraph 1, paying the food value to the victim, and receiving the balance back after paying it to the victim, making the loss of the victim himself/herself, holding him/her kept up with the table, making the table and the knish, and cutting down the card payment machine.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. On-site photographs and criminal video;

1. Written statements of reference witnesses prepared by the D;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, one copy of output of the results of the search of the relevant case, two copies of the judgment, one copy of the proof of acceptance by each individual;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments for two crimes) of the aggravated concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Scope of recommended punishments according to the sentencing criteria: Imprisonment for not less than 6 months; and

(a) Crimes of non-performance of duties (the scope of recommended punishment) shall interfere with one type of business;

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