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(영문) 수원지방법원 2012.11.28 2012고단3846
업무방해등
Text

The punishment of the accused shall be four months by imprisonment.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On October 20, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Daejeon District Court on April 15, 201 and completed the execution of the said sentence.

【Criminal Facts】

1. At around 04:00 on August 19, 2012, the Defendant interfered with business: (a) demanded KRW 20,000 of the victim C’s operation on the part of Suwon-si, Suwon-si, Suwon-si, the Defendant: (b) demanded the victim to pay 20,000 won of the prepaid fee; (c) demanded the credit card; (d) the victim to pay for the defect that the victim attempted to pay; (d) deducted the said card; (e) got the victim’s face; and (e) cut down the phone on the knter.

Accordingly, the victim, who is not obliged to give a room to the defendant, sounded the victim's " why is why is why is?", laid the television gramocons on the floor, opened the door-to-door visit to the customer with a large interest, etc., and interfered with the victim's business operations by force over 30 minutes from that time.

2. Around 04:50 on August 19, 2012, the Defendant insultd the victim by openly obscing the victim of the victim F (the age of 29) who is a police officer of the E (a police box) who was called out after receiving a report of 112 from the aforementioned “Dnonode”, on the ground that the victim’s horse was not easily folded, and at the place where the said C, etc. was located, etc., “I see that I am, sing, and singke, I sing the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, G, and F, and the accusation of F;

1. A report of investigation (investigative records No. 11);

1. Each photograph;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (attached to judgments, etc., and confirmation of repeated crimes) and statutes;

1. Relevant laws concerning facts constituting an offense, Article 314 (1) of the Criminal Act that prescribes the choice of punishment (a point of interference with business), and Article 311 of the Criminal Act (a point of insult);

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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