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(영문) 제주지방법원 2015.05.29 2015고단237

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 2, 2015, the Defendant obstructed the Defendant’s business by entering the “Dju shop” operated by the Victim C (V, 47 years of age) located in Jeju-si in the influence of alcohol on January 2, 2015, without ordering food, and passing a disturbance to the victim’s large interest at any time without any reason, without ordering food. The Defendant continued to “the victim is not able to do so, she will do so, she will do so.” The Defendant interfered with the Defendant’s business, such as having the customers who enter the 20 minutes of the disturbance for drinking alcohol.

2. 모욕 피고인은 위 제1항 기재 일시, 장소에서 위와 같이 소란을 피워 신고를 받고 출동한 피해자 E파출소 소속 경장 F에게 위 C 등이 듣고 있는 가운데 “이 씨발 새끼야, 나 전라도 깽깽이다. 이 개자식 씨발 놈들아, 니미 씨발 병신새끼 좆까지 마라, 좆 만한 새끼들이 까불고 있어”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each written statement in C and each of the F’s accusation Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances that are favorable to the determination of the punishment as ordered in consideration of the following circumstances in sentencing under Article 334(1) of the Criminal Procedure Act: The fact that the court recognizes the facts of crime and reflects it, the fact that there is no past record of criminal punishment heavier than the fine: The fact that there is no good quality of the crime, such as insult, etc. by taking a bath to the police officer in mobilization; the fact that there is a past record of punishment several times for violent crimes: The degree of interference and insult, the age of the defendant, character and conduct, environment, conditions before and after the crime, etc.;