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(영문) 서울중앙지방법원 2018.10.25 2018고단4488

업무방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 29, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Seoul Northern District Court, and on July 30, 2016, the Defendant completed the execution of the sentence at the Seoul Eastern Detention Center.

On July 2, 2018, from around 18:00 to 19:10 on the same day, the Defendant took a bath in the “D” restaurant operated by the Victim C (L, 45 years of age) located in Gwanak-gu in Seoul Special Metropolitan City, for the reason that the ordered skin was late, the Defendant took a bath at the large interest of the Defendant’s “hing year, hing hing hing and hing hing hing hing hing hing hing hing hing hingh,” and after having set at the toilet, “hing hing hingh, h

”라고 큰소리로 욕설을 하고, 주문한 치킨이 제공되자 “ 나는 미국에서 왔고, 내 일행은 검사야. 나는 이런 닭 못 먹어. 뼈에 있는 살을 손으로 발라 줘! ”라고 무리한 요구를 하여 피해 자가 이를 들어주지 않는다는 이유로 “ 씹할 년 아, 계산서 가져와! ”라고 소리를 지르고, 이어서 수표를 제시하여 피해 자가 종업원을 통해 위 식당 옆 편의점에서 위 수표의 진위 여부를 확인하고 거스름돈을 바꿔 오는 동안 안주가 담겨 있는 그릇을 밀쳐 바닥에 떨어뜨리고 “ 씹할 년이 돈 훔쳐 갔어!

Shebb her no check

The victim interfered with the affairs concerning the operation of the restaurant by force by avoiding disturbance, such as passing a large voice, and allowing customers out of the restaurant.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. On-site photographs;

1. CCTV images;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (prior convictions and confirmation of repeated crimes);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Considering that Article 35 of the Criminal Act is a repeated crime of the same kind for the reason of sentencing, the fact that the same power is high, the fact that the damage has not been recovered, and the fact that the nature of the crime is poor, a sentence to fill the text is to be imposed.