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(영문) 수원지방법원 안산지원 2018.11.30 2018고단3237

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant was sentenced to eight months of imprisonment with labor due to interference with business in the support of the Suwon Friwon, and completed the execution of the sentence on July 15, 2018.

1. On September 16, 2018, the Defendant: (a) around 08:00 on September 16, 2018, the Defendant: (b) was a person who drinks alcohol and went to a prison by drinking alcohol to customers without any justifiable reason; (c) around 08:00; (d) the Defendant:

The phrase “scamblings from the damaged person,” and the other customers are not able to see “licker”.

“The cognization was carried out, and the victim who prevented this, “n'e gue is not sealed.”

“Around 40 minutes of the disturbance was prevented by force from running the restaurant business of the victim, by putting about 40 minutes of the disturbance on the part of sound, taking a bath, etc.

2. 모욕 피고인은 제 1 항 기재 일시 및 장소에서 위와 같이 업무 방해한 사실로 현행범인 체포되어 2018. 9. 16. 13:00 경 광명 시 디지털로 5, 광명 경찰서 E 사무실에서 다른 사건 참고인 F 등이 조사를 받기 위하여 대기 중임에도 피해자 G에게, “ 씨 발 짭새 새끼들, 양아치 같은 새끼들, 세금 받아 쳐먹고 하는 짓이 나를 잡아넣는 것이냐,

내가 뭘 잘못했는데 씨 발 놈들아! ”라고 큰소리로 말하여, 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. B written statements;

1. Previous convictions: References to inquiries about criminal history, the current status of personal expropriation, rulings, and the application of Acts and subordinate statutes on investigation reports;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] are the mitigated area (one month to eight months), and the mitigated area (the person who is subject to special mitigation (the person who is subject to special mitigation)] is not subject to punishment (the