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(영문) 인천지방법원 2018.05.02 2018고단1859

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal history] On August 11, 2016, the Defendant was sentenced to four months of imprisonment for a crime of assault at the Incheon District Court, and completed the execution of the sentence on June 7, 2017.

[2] On January 30, 2018, the Defendant of the 2018 Highest 1859, the Defendant, at around 18:55 on January 30, 2018, would not sell alcohol to the Defendant that the victim was under the influence of alcohol at the main point of “J” in the Jung-gu Incheon, Jung-gu, Incheon.

D. Accordingly, it interfered with the victim's main business by force by avoiding the disturbance between about 25 minutes, such as the victim's bath, sound, and leakage on the above main floor, and by preventing customers from entering the main point of view.

On February 28, 2018, the Defendant: (a) boarded the bus bus No. 4 of the Victim K (47 tax) at the bus stops located in the south-gu Incheon Metropolitan City or the 444 school-interest 2 Dong community service center prior to the Dong community service center, around February 28, 2018; and (b) delayed the calculation of the fee, and (c) delayed the calculation of the fee, and thereafter, (d) he renders money to the victimized person and gets up with it.

In order to hear the horses of “,” the victim expressed his/her desire to “Chewing, Chewing,” and acted as the victim can frighten, and the victim booms the partitions for the protection of bus officers, etc., thereby obstructing the operation of the bus by force for about 10 minutes, such as having the customer get off the bus, and having the customer get off the bus.

Summary of Evidence

1. Before judgment: A criminal investigation report (verification of a suspect's repeated crime), a sentence of judgment, and one copy of the current status of confinement of each individual "2018 High Court Order 1859";

1. Statement by the defendant in court;

1. A written statement of the I "2018 Highest 1864";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol to K;

1. Article 314 (1) of the Criminal Act and the choice of punishment for the crime, Articles 314 of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The basic area of crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Interference with Duties) is the primary area (from June to June).