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(영문) 수원지방법원 안산지원 2018.11.09 2018고단3037

업무방해등

Text

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

Reasons

Punishment of the crime

1. On September 2, 2018, from around 21:00 to around 22:10, the Defendant obstructed the victim’s restaurant business by force for about 1:10 minutes and over 1:10 minutes, including the victim D, who was occupied in the second floor C restaurant of the building B at Sinti City B, and her employees, including the victim D, who expressed their desire to read “nick, Chewing,” and let other customers feel sexually, and let other customers feel sexually, and even upon the victim’s request, the victim continued to sound and put his/her happiness.

2. Around September 2, 2018, the Defendant insultd the victim F, who is a police official, of the victim F while waiting in the front seat of the 513 Gyeonggi-gu E office in the Gyeonggi-gu Police Station E office in the Gyeonggi-si Police Station around 23:0 on September 2, 2018, the Defendant expressed that “I see this rings, Chewing typ, typ typ typ, typ typ typ, dead, bitch bitch, bitch bitch bitch bitch,” and publicly insultingd the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Application of Acts and subordinate statutes of D;

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 prison labor for the crime;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 [the scope of recommending punishment] [1-8 months] mitigation area (including efforts to recover damage] [including special mitigation persons] punishment non-exclusive (including efforts to recover damage]. However, in relation to a crime of insult against which no sentencing guidelines have been set, compliance with the lower limit of the above sentencing range [decision of sentence] is recognized by the defendant, agreement with the victim of interference with the affairs, and deposit a certain amount of money for the victim of insult, etc. are favorable circumstances.

However, even though the defendant is in the period of suspension of execution due to the same crime, he/she shall be judged in the state that he/she takes the obligation.