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(영문) 부산지방법원 2014.01.23 2013고단2940
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment for two years from the date the judgment of this case became final and conclusive.

Reasons

Punishment of the crime

The defendant thought that the victim F (n, 69 years of age) who is the owner of the D market E located in Busan Seo-gu D market was not the victim F (n, 69 years of age) who is the owner of the E house located in Busan Seo-gu C was able to take much desire for himself, and that it was not good

1. Around 13:00 on April 13, 2013, the Defendant: (a) sought a restaurant operated by the said victim; and (b) thereafter, from around 3:20 minutes to around 16:20 on the same day, the Defendant expressed the victim’s expressed that “I will interfere with the other customers from drinking alcohol by leaving the restaurant, she would be unable to drink.” (c) during the period of 3:0 minutes to around 16:20 minutes from this day.

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

2. On April 13, 2013, around 16:30, the Defendant was arrested as a flagrant offender, such as the crime of interference with business from H and assistant I belonging to the G police box at the above place, and carried out the service to the G police box.

On April 13, 2013, from around 16:35 to around 17:15, the Defendant, at the location where police officers, including security guards, and the victim F, were located for about 40 minutes from around 16:6 to around 17:15, insulting the victim J, who is a police officer working at the G police station, insulting the Defendant, saying, “I am out of this dog, ice, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, frighted, frighted, frighted, frighted, frighted, frighted, and frighted.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and J Acts and subordinate statutes;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into account that there is no emphasis on damage, that there is an agreement with the victim F and that there is no good health;

1. Defendant A of a community service order: The dismissed part of Article 62-2 of the Criminal Act

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