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(영문) 수원지방법원 안산지원 2014.09.24 2014고단1761

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

1. Interference with business;

A. On April 30, 2014, from around 06:30 to 07:00, the Defendant: (a) stated, “I restaurant” where the victim H working in Ansan-si G was drinking alcohol and food, without any reason, the Defendant obstructed the victim’s duties for about 30 minutes by bringing the disease into the main line by drinking alcohol and drinking alcohol to the victim without any reason.

B. From May 18, 2014 to 11:20 on May 18, 2014, the Defendant obstructed the victim’s duties by drinking the sound, such as drinking and drinking in the same place as the above paragraph (a), which is an employee of the victim J, etc., who is an employee of the victim, such as “the president Nara,” and taking a bath to the customers with eating.

2. 모욕 피고인은 2014. 5. 18. 11:10경 제1항과 같은 장소에서 112신고를 받고 출동한 안산단원경찰서 K파출소 소속 피해자 경장 L 외 1명이 피고인의 행위를 제지하자 화가 나 J 등 식당 종업원 및 손님들 여러 명이 있는 가운데 피해자 경장 L, 순경 M에게 “야, 씨발놈들, 니들은 개좆밥이야, 나 공수부대 출신이야, 개새끼들아, 씨발놈들 가만 두지 않겠다, 니들은 아무것도 아니다“라고 욕설을 하여 피해자들을 공연히 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of H, M, or L;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes to field photographs and case-related photographs (fields, suspect status, etc.);

1. Articles 314 (1) and 313 of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. As to the assertion of the Defendant and the defense counsel under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the Defendant and the defense counsel had a mental and physical state under the influence of alcohol at the time of the crime.