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(영문) 부산지방법원 2013.04.09 2013고정634

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On September 24, 2012, from around 04:30 on the same day to around 04:50 on the same day, the Defendant, who interfered with the business, breaddb and so on, in the state of drinking in the “Ccafeteria” located in Busan Landong-gu, and d, a manager, provided that “The breadbed price was given to the victim D, a manager, without the president, because there is no president in the next place.”

On the other hand, the Defendant continuously obstructed the restaurant business of the victim for about 20 minutes, such as harming other customers who were next to the Defendant and putting a misunderstanding on the floor.

2. 모욕 피고인은 2012. 9. 24. 05:00경 부산 사상구 모라동 소재 모라3치안센터 내에서 제1항의 범행으로 신분증 제시를 요구하는 사상경찰서 E지구대 근무 경사 F에게 "시발놈아, 개새끼야, 내 이름이 너거 엄마 보지 똥구넝을 수시뿔라다 왜, 십새끼야"라는 등 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each police statement made to D or F;

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;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that he was in a mental and physical state under the influence of alcohol at the time of the crime, and thus, the Defendant was aware of drinking at the time of each crime, but did not have the ability to discern things or make a decision.

Since it cannot be seen as having reached a state of or weakness, the above assertion is rejected.