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(영문) 서울남부지방법원 2019.05.17 2019고단443
업무방해
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on January 2, 2018, the Defendant: (a) at the Gangseo-gu Seoul Metropolitan Government BPublic Notice Board, the Defendant, under the influence of alcohol, took a heavy bath in the Chode room in which the Defendant resides; (b) went back to the said Public Notice Board’s corridor while sound, thereby obstructing the Defendant’s operation of the said Public Notice Board D (35 years of age) as the manager of the said Public Notice Board by force for about one hour.

2. As above, the Defendant: (a) arrested the disturbance from the Gosiwon to interfere with his duties; and (b) was investigated by the police; (c) returned to the said Gosiwon on the same day at around 03:00, the Defendant obstructed the operation of the Gosiwon by force by avoiding disturbance for about 10 minutes, such as moving to the said Gosiwon and taking a bath in the state of alcohol in the Cho Lake; and (d) by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D, E, F, G, H, I, and J

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered by taking full account of various circumstances, such as the defendant's age, character and conduct, environment, relationship with the victim, motive and means of the crime, and the result of the crime, etc., and the sentencing conditions shown in the records and arguments of this case, including the fact that it appears to be favorable for sentencing under Article 62(1) of the Criminal Act: The victim does not want the punishment of the defendant, and that the victim does not have any previous conviction or heavier punishment

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