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(영문) 수원지방법원 안양지원 2015.03.13 2015고단21
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 25, 2014, at around 21:50 on December 25, 2014, the Defendant: (a) expressed the victim’s “D” restaurant of the victim C’s 1st floor in Sinpo City B building on the ground that the victim’s demand does not bring about the victim’s unpaid wages; (b) expressed the victim’s and the restaurant’s employees a large amount of desire to “in the calculation of tax base of, and the calculation of, money, spits, etc. on the floor,” and obstructed the victim’s restaurant operation by force.

2. The Defendant, who was arrested in the act of committing the crime described in paragraph (1) and moved to the F district located in Sinpo City E at around 22:40 on the same day, and publicly insultd the victim G, the police officer, and the said C and the said civil petitioners, who were the police officer, by openly insulting the victim of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes in writing C;

1. Articles 311 and 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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, including the contents of each crime committed and the circumstances before and after the crime was committed, re-offending with the same or similar criminal records, and thus, each victims did not receive a letter of confinement. The execution of a sentence shall be suspended in consideration of the circumstances such as the fact that the crime was committed for six months, confession and reflect, and there was no record of punishment sentenced to imprisonment without prison labor or heavier punishment, and probation shall be ordered to take probation and take violent therapy programs.

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