업무방해등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. From March 30, 2020 to 23:25 of the same day, the Defendant interfered with the business of the victim C from March 30, 2020 to around 23:25 of the same day, the Defendant interfered with the victim’s main duties for about 25 minutes, such as “D”, “I kn’s kn’s kn’s kn’s music, lifelong kn’s kn’s view,” and “I kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s
2. 모욕 피고인은 전항과 같은 일시 및 장소에 업무방해로 신고를 접수받고 출동한 경찰관인 피해자 E이 제지하자 이에 화가 나 업주인 C 및 손님들이 있는 자리에서 112신고를 받고 출동한 경찰관인 피해자에게 “F 따까리, 좆같은 새끼들, 비켜봐 새끼야 이 씹할 놈아, 돌아이 새끼들, 병신 돌아이 새끼들, 씹할 내가 뭘 잘못했다고, 니미 좆같은.”이라며 욕설을 하여 공연히 모욕하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Application of Acts and subordinate statutes to the internal investigation report (including the case of field situation), investigation report (port for portable image analysis), investigation report (CCTV image analysis) (CCTV image analysis);
1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with labor for the crime;
1. From among 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 (Interference with Business) Crimes (Determination of Types). Obstruction of Business Affairs (Type 1) [Special Punishment] Reduction element: Reduction element of punishment (the scope of recommendation area and recommendation range) mitigation area, imprisonment with labor for one month to eight months; and
(b) Second offense (determination of types) and defamation offenses (Article 1); General insult [Article 1] The basic area of insult [the scope of recommending area and recommending punishment]; imprisonment between February and August;
(c)the guidelines for multiple crimes;