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(영문) 수원지방법원 안산지원 2014.05.28 2014고정578

업무방해

Text

Defendant

A shall be punished by a fine of 700,000 won, and by a fine of 1,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. 피고인들의 공동범행 피고인들은 공모하여 2013. 12. 1. 14:00~15:30경 사이 시흥시 D에 있는 피해자 E이 운영하는 F 횟집 2층에서 술에 취하여 위 횟집에서 식사를 하고 있던 손님들에게 “야이 씨발, 개새끼야, 뭘 봐, 새끼들아”라며 큰소리로 욕설을 하고, 그곳에 있던 의자를 집어던지는 등의 위력을 행사하여 피해자의 식당 영업을 방해하였다.

2. At around 16:00 on December 1, 2013, Defendant B arrested a flagrant offender who interfered with E’s business as described in paragraph (1) in the H District located in G at Heung-si, and was waiting at the said district office and was waiting in the air, and the police officer asked the Defendant’s personal information to the police officer who was asked for the Defendant’s personal information. The Defendant b frighted with the large voice of “this flap, flap, flap, flap, flap, flap, flap, flap, flap, flap, flap, flap, flap, etc., and flaped with a very very rough, 15 minutes of flap, while under the influence of alcohol at the government office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (Investigation of the column for cancellation by government offices);

1. A written self-written statement of E;

1. Taking on-site photographs;

1. The application of video-related Acts and subordinate statutes to suspect B public offices;

1. Article 314 (1), Article 313, and Article 30 of the Criminal Act; Articles 314 (1), 313, and 30 of the Criminal Act; Articles 314 (1), 313, and 30 of the Criminal Act; Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of issue of revocation at government offices); the selection of fines;

1. Defendant B who is subject to aggravated concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the aggregate of the amounts of two crimes is aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for each order of provisional payment is committed jointly by the Defendants, thereby obstructing the business of others, and Defendant B thereafter avoided disturbance at the police station.