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(영문) 서울남부지방법원 2015.03.26 2015고단357
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 1, 2015, at around 17:30 on February 1, 2015, the Defendant: (a) collected that he would drink even though the said store was set at “Ehop” operated by the victim D on the first floor of Gangseo-gu Seoul Metropolitan Government C underground; and (b) the female employees of the said head of the said head of the said head of the said head of the said head of the said office “this crop refers to where the crop is located where the crop is where the crop is unable to be properly set at the Korean horse, and where the crop is doing funeral, the crop and the frop will die, and the crop that the crop in the inside, will die. By making a report to the police, the crop will not be run by the victim, and the crop that the crop will be carried out by the victim, and the crop to other customers, etc. for five minutes.”

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

2. On February 1, 2015, the Defendant: (a) arrested flagrant offenders on the same act as in paragraph (1) and was transferred to a criminal office and office of the Gangseo Police Station; and (b) when civil petitioners, such as F, are heard at the said criminal office and office, the Defendant embling the victim G (the age of 37) with a large sound, such as “at the night, chron gue,” etc.

Accordingly, the Defendant publicly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes to the F Statements;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 on probation and community service order is that the defendant committed each of the instant crimes even though he had been punished 25 times by violence, etc., in view of the fact that the defendant committed each of the instant crimes. However, the defendant's act of recognizing all of the crimes in this court and against it, and interfering with business.

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