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(영문) 서울남부지방법원 2014.08.07 2014고단2149
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 09:00 on May 22, 2014, the Defendant, while under the influence of alcohol, was demanded by the Defendant to drink the country, etc. at the Ccafeteria located in Guro-gu Seoul Metropolitan Government and to calculate the value of food from the victim D, and obstructed the victim’s restaurant business by force by forcing the victim to see the victim’s face at a drinking, i.e., “Chewing an annual bitom, bitbit of bitch,” and threatening the victim to see the victim’s face, i.e., drinking, and by cutting one table of the table in which the table was opened, i.e., cutting off the table into the bottom of the instant restaurant, and allowing the customers who were in the said restaurant to enter, thereby obstructing the victim’s restaurant business by force.

2. At around 10:30 on the same day, the Defendant was arrested as a flagrant offender for the crime as prescribed in paragraph (1) of this Article, and was compelled to go to the Seoul Guro Police Station and the watchkeeping room located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, for the purpose of having the victim E, etc. take a bath to read “nick, Chewing, eropoching, and Chewing,” and hear the statement that he would not take a bath from the victim. As such, the Defendant continued to take a bath to read, “I must, fright, fright, e.g., f., f., f., f., f., f., f., f., and 10 police officers, thereby publicly insulting the victim’s f. and 10 police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. A complaint;

1. Application of statutes on site photographs;

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

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

1. The suspended execution is deemed to have committed the instant crime by contingency under the influence of alcohol in sentencing under Article 62(1) of the Criminal Act, and is against his/her mistake, and the degree of damage caused by the instant crime, etc. shall be considered;

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