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(영문) 서울남부지방법원 2018.10.30 2018고단4448
업무방해등
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

On November 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by obstructing business operations at the Seoul Southern District Court on March 19, 2017. On May 31, 2017, the Defendant completed the execution of the sentence at the Sungsung Vocational Training Institution. On November 22, 2017, the Seoul Southern District Court sentenced the Defendant to four months of imprisonment with prison labor for the crime of assault, obstructing business operations, etc., and completed the execution of the sentence at the Sungsung Vocational Training Institution on July 29, 2018.

On August 22, 2018, at around 15:20 on August 2, 2018, the Defendant took a large voice on the grounds that he does not provide meals in Yeongdeungpo-gu Seoul Metropolitan Government “C” located in B2, and the Defendant’s disturbance is prevented by the victim D (32 tax) who is an employee in charge of the management of the place during the disturbance, and continued to remove the disturbance, and the Defendant took a large voice, such as “brue fome,” etc., and “pick is not a food.”

It made a threatal speech and behavior, such as " how to blap it", and flap it.

Since then, while the defendant was trying to leave the police where the victim reported the defect, he was pushed the victim's chest at the end of the victim's waiting for the police to report it to the police twice.

Accordingly, the defendant interfered with the management of the victim's rest area by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E’s statement and investigation report (victims related to assault part and F’s statement);

1. A report on investigation (explosion at the scene of occurrence);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries, such as criminal history, inquiry report (the text of the judgment, summary information of the case, and personal confinement status);

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

1. The part dismissing the prosecution of Article 35 of the Criminal Act for aggravated repeated crimes is identical to the first three sentences of the facts constituting the crime, and only the fourth sentence of the fourth sentence, “The Defendant interfered with the management of the victim’s shelters by force, and assaulted the victim.

As “,”, this case.

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