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(영문) 서울동부지방법원 2015.01.15 2014고단3804
업무방해
Text

A defendant shall be punished by imprisonment for six 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 July 16, 2012, at around 16:00, the Defendant was unable to avoid disturbance between approximately 5:10 minutes, such as the Defendant and the victim D (the age of 55), without any particular reason, expressed in Songpa-gu Seoul Metropolitan Government “Emt” by “Emt,” in which the victim D (the age of 55) was working for Songpa-gu Seoul Metropolitan Government C, for the victim and its customers, and for the victim’s and its customers, and then, she was able to bring about a disturbance.

2. On August 2014, the Defendant: (a) around 20:00 on August 20, 2014, the “G main store” operated by the Victim F (F) in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, intended customers to take a bath, sound, and 10 minutes of the disturbance.

3. On December 3, 2014, around 12:00, the Defendant was unable to bring an disturbance for about five minutes, including raising the victim H (n and 46 years of age) working in Songpa-gu Seoul Metropolitan Government, without any particular reason, in the “Iart,” and continuing the employees working in the calculation unit, and raising the trial expenses.

4. On December 3, 2014, the Defendant: (a) around 13:00, at the “KS cafeteria operated by the Victim J (L, 61 years of age) of Songpa-gu Seoul Metropolitan Government, the Defendant: (b) went to and was seated in the Defendant’s neighborhood without any specific reason while having been drinking the sea area and the bed; (c) the Defendant was unable to enter the restaurant by the customers who had been seated in the Defendant’s neighborhood without any specific reason.

Accordingly, the Defendant interfered with the victims' work by force over four occasions as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of J, F and H written statements (Nos. 10 to 12)

1. Article 314 (1) of the Criminal Act applicable to the crime;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed by the defendant in the restaurant, etc.

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