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(영문) 청주지방법원 제천지원 2017.03.30 2017고정18

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 21, 2015, at around 00:10, the Defendant obstructed the victim’s main business affairs by force by force, such as, under the influence of alcohol at the D main points operated by the victim C (the 55-year old-old), who took a bath with the victim’s “Crhoh” large sound, and throwing the victim’s glass on his/her table for about 20 minutes, and thereby obstructing the victim’s customer reception.

2. 모욕 피고인은 2015. 7. 21. 00:30 경 제 1 항 기재 장소에서, 제 1 항 기재와 같은 경위로 112 신고를 받고 출동한 E 지구대 소속 경 사인 피해자 F으로부터 술값을 내고 귀가하라는 말을 듣자 업주인 C과 손님 4명이 있는 자리에서 피해자에게 “ 야 경찰 씹새끼야, 짭새 새끼들 아, 돈 처먹는 새끼들이 열받게 하네, 짭새 십 새끼들 너희들이 그러니까 짭새들이다 ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A written complaint and G statement of the F;

1. Application of Acts and subordinate statutes to a report on investigation (at the time of dispatch);

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 a crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of concurrent crimes committed by a person interfering with heavier business affairs (to the extent that such two crimes are aggregated)];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;