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(영문) 서울북부지방법원 2017.02.08 2016고단4985
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 12:00 on November 13, 2016, the Defendant: (a) was under the influence of alcohol on a “E” restaurant operated by the victim D in Seoul Special Metropolitan City, Nowon-gu, for reasons that it is difficult for the Defendant to live in the “E” restaurant; (b) was under the influence of alcohol, such as “to die and throw away sick; and (c) was carried out a disturbance for about one hour, such as placing a water reservoir on the floor on the table.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On November 13, 2016, around E restaurant No. 13:20 on November 13, 2016, the Defendant: (a) received a report and received a request from the victim H and I, a police officer belonging to the Nowon-gu Seoul Nowon Police Station G District; (b) received a request to return home from the victim H and I, who is a police officer belonging to the Seoul Nowon-gu Police Station G District; (c) employees of the above restaurant, and five-6 persons, including neighboring merchants, expressed a large voice of “low bitch bitch”, “Chewing fright,” and “open”.

Accordingly, the defendant publicly insultingd the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by H and I;

1. Application of Acts and subordinate statutes of F and D

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to six years;

2. The scope of the recommended punishment according to the sentencing criteria (the sentencing criteria are not applicable to the offense of insult; therefore, the scope of the recommended punishment shall be based only on the lower limit of the sentencing range), [the scope of the recommended punishment] and the mitigated area (one month to eight months) (including special mitigated persons).

3. The defendant may be punished for the same kind of crime, but there is no record of punishment exceeding the fine, and the victim shall agree with the victim of interference with the affairs.

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