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(영문) 서울중앙지방법원 2013.03.19 2012고단6599
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Interference with business;

A. At around 00:00 on October 26, 2012, the Defendant: (a) was unable to avoid disturbance for about one hour, including, but not limited to, the instant case where: (a) the victim was under the influence of alcohol, on the ground that the victim was satisfing the Defendant; and (b) the Defendant was able to avoid disturbance for about one hour, including, but not limited to, the instant case where the victim was under the influence of alcohol.

B. From October 2012 to November 201, 2012, the Defendant demanded the employees of the above convenience store and the head of the point I to collect the money in the cash account for the reasons that the Defendant did not pay the monthly salary at the H convenience store in the operation of the Victim G in Gwanak-gu in Seoul Special Metropolitan City, the Defendant did not pay the money to the above convenience store employees and the head of the point I. The Defendant is expected to pay the cash to the cash account, and the Defendant returned to the convenience store.

In other words, it was difficult to raise the words and the disturbance for about two hours, such as repeated lyings on the floor.

C. On November 18, 2012, around 10:30 on November 18, 2012, the Defendant was unable to have avoided disturbance for about 40 minutes, such as taking time expenses to the customers who were eating, taking a large amount of bath, and dancing.

2. On November 18, 2012, the Defendant 11:45, the Seoul Special Metropolitan City Gwanak-gu Mountainous District (hereinafter “Seoul Special Metropolitan City Mountainous District”) made a disturbance in the Lcafeteria, and spit the complaint against the police officer that he raised, “In the event that the police officer in charge is unsatched and re-detained the police officer in charge, satched, satched on the floor, satch satch satch.”

계속하여 위 지구대 소속 순경 N로부터 제지당하자, N에게 “이 짭새야, 나를 잡아넣으려면 잡아넣어봐, 정신연령이 몇 살이냐 계급장 떼고 맞장 뜨자”고 말하며 팔꿈치를 N에게 휘두르고, 지구대 앞 도로에 드러눕다 다시 지구대 안으로 들어와 고성을 지르고 욕을 하기를 반복하는 등 약 1시간 30분 동안 소란을 피웠다.

As such, the Defendant assaulted a police officer to interfere with the legitimate performance of duties in the military.

3. The defendant is a victim of violence.

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