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(영문) 수원지방법원 성남지원 2020.03.19 2019고단1493

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 16, 2016, the Defendant was sentenced to four months of imprisonment for the obstruction of performance of official duties at the Sungnam Branch of Suwon District Court, and completed the execution of the sentence at the Suwon Detention Center on September 8, 2016.

【Criminal Facts】

1. Around February 19, 2019, the Defendant interfered with business was a “D” restaurant operated by the victim C in Gwangju-si around February 19, 2019, and even without any connection with the president of the said restaurant, the Defendant, under the influence of alcohol, interfered with the victim’s business affairs by force for about one hour, such as “the president’s telephone number is within the city of tax revenue and expenditure.”

2. 퇴거불응 피고인은 제1항과 같은 일시, 장소에서 피해자로부터 “식당 업무를 마감해야 하니 이만 나가달라”는 요구를 받았으나 이를 거부하였고, 피해자의 112신고를 받고 출동한 경기광주경찰서 소속 경사 E과 피해자가 함께 식당에서 퇴거할 것을 피고인에게 수회 부탁하였음에도 불구하고 “이런 씨발, 여기가 내 집인데 무슨 개소리야. 사장이 내 아들이야.”, “F 너 씨발 좇 같은 새끼야. 니가 아직 있어 너 때문에 나 깜빵 갔다 왔다. 이 개새끼야.”, “여기가 내 집이야. 난 못나간다. 잡아가라.”라고 큰 소리를 지르며 정당한 이유 없이 피해자의 퇴거요

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs, CCTV closure photographs and investigation reports (hereinafter referred to as CCTV analysis in the case site);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act and Article 319(1) of the Criminal Act, the selection of fines for the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes shall be more severe crimes of interference with business.