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(영문) 인천지방법원 2020.11.05 2020고단4485

업무방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:25 on May 16, 2020, the Defendant 2020-Ma4485 expressed the victim’s desire to “Chose, franse, franse,” and obstructed the victim’s operation of the restaurant by force by avoiding disturbance about 15 minutes for other customers, on the ground that the victim’s “D” restaurant operated by Seo-gu Incheon Metropolitan City, should not be drunk while drunkly in a “D” restaurant operated by the victim C.

『2020고단6686』 피고인은 2020. 5. 20. 00:10경 인천 서구 E 소재 F 식당에서, 술에 취하여 아무런 이유 없이 위 식당 종업원, 다른 손님들이 듣는 가운데 위 식당의 손님인 피해자 G, 피해자 H에게 ‘눈 깔아라, 뭘 쳐다보냐, 썅년, 미친년, 병신아, 씨발아, 씨발 새끼야’라는 등 욕설하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

One of the summary of the evidence in each case shall be consolidated and recorded.

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement prepared in C;

1. Report on investigation by each criminal complaint (the telephone or investigation by a reference witness, and statement by a police officer);

1. Application of Acts and subordinate statutes to recording files submitted by complainants;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business and Selection of Imprisonment) concerning facts constituting an offense, and Article 311 of the Criminal Act (Voluntary Points and Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

B. Defluence of such crimes as referred to in Articles 2 and 3 (Contempt) [Determination of Punishment] and defamation crimes shall be insulting [Type 1] in the general public.