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(영문) 의정부지방법원 2014.02.06 2013고정2762

업무방해등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Interference with business;

A. On August 27, 2013, around 16:00, the Defendant interfered with the victim’s public works for approximately 30 minutes by force by means of: “Inward construction site, the victim C was going to live immediately adjacent to this construction site, making it impossible to sleep by getting out the said construction site; any compensation may be changed; any compensation shall be changed; e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., c

B. At around 17:50 on the same day, the Defendant: (a) was going to a new building in the instant work site; (b) “I will not give others any compensation while doing so; and (c) I would dump the bottom without giving any compensation; and (d) would interfere with the victim’s work by force for about 50 minutes, without doing so, by doing any act as going against the said building.

2. 모욕 피고인은 제1항 기재 일시 및 장소에서 빌라공사를 방해하는 사람이 있다는 신고를 받고 2회에 걸쳐 위 장소로 출동한 남양주경찰서 D파출소 소속 순경 E을 상대로 빌라공사 중이던 C 및 작업인부들이 있는 보는 가운데 “이 씹할놈들아, 너희들 저 새끼들에게 삥 받아 쳐 먹었냐 내가 너희들 반드시 죽인다”고 욕설하고, “너희가 시민의 지팡이냐, 이 씹할 놈들아, 개새끼들아, 너희들 감찰에 통보해서 반드시 씹어서 죽여버린다”고 소리쳐 공연히 위 순경 E을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of the Acts and subordinate statutes to the complaint;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;