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(영문) 서울북부지방법원 2015.06.04 2014고단3993
업무방해등
Text

A defendant shall be punished by imprisonment for not less than one year and 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 October 13, 2014, from around 00:30 to 01:30, the Defendant interfered with the business, at the main points operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu, the Defendant: (a) had his employees, who recommended her employees to return home; (b) had the breath of alcohol and had the breath of the disturbance and interfered with the victim’s main points business.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the same time, at the same place as that of paragraph (1), and at the same time, at the same time and place as that of paragraph (1), one glass bottle (10 centimeters in length) was collected from the victim E (the 24 years old), who is an employee of the Defendant, who is an employee of the said place, to escape the disturbance, and committed an injury to the right shoulder and the tension in the right shoulder, which requires treatment for about two weeks to the right shoulder.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement of the F, E, and D;

1. Written statements of D;

1. A written diagnosis of injury;

1. The Defendant asserted that a glass-sick photograph taken by the suspect during the crime did not correspond to “hazardous objects” as provided by the Punishment of Violences, etc. Act. Thus, the “hazardous objects” as provided by Article 3(1) of the Punishment of Violences, etc. Act should be determined depending on whether the other party or a third party could cause harm to his/her life or body by using it under social norms. The following circumstances acknowledged by the evidence revealed earlier: ① the Defendant was a glass-sicker for the victim E, and the said glass-sicker was faced with the shoulder part of the said victim, and ② the victim E was a glass-sicker for his/her face.

In light of the fact that the defendant stated that he was faced with his shoulder, three materials of the above glass disease, thickness, etc., the victim E or a third party is in danger of life or body due to the above act of the defendant.

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