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(영문) 서울북부지방법원 2018.05.18 2017고단2026
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 11, 2015, the Defendant was sentenced to six months of imprisonment by the Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( drivers’ assault, etc.) and completed the execution of the sentence on July 7, 2015 at the Seoul Western District Court.

[Criminal facts]

1. On April 29, 2017, at around 16:35, the Defendant: (a) took a sound while drunk at the Korean Marsh branch in Seoul, the Marsh 1, 2017; (b) was asked the victim D (55 years old) who is a security personnel to walk the time room for other customers; (c) was forced to leave the first floor; (d) the Defendant resisted the said measures; and (e) took security personnel, such as the victim, etc., and expressed their desire to move to the said Marsh 1, 2017; and (e) continued to interfere with the victim D’s access control by force for about 35 minutes on the front and rear side of the said Marsh 1, 2017.

2. The Defendant assaulted the victim by putting the victim into a marina society building in front of the front door of the Marin society building at the time of the day mentioned in paragraph 1, and putting the victim’s flaps, sculing the flaps, putting the victim’s KON, etc.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment to previous rulings and related judgments, etc.);

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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