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(영문) 의정부지방법원 고양지원 2018.05.09 2018고단455

업무방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 30, 2018, the Defendant obstructed the victim’s restaurant business by force, such as drinking alcohol on the part of the restaurant operated by the victim C, which is operated by the victim C at the Seosan-dong-gu, Busan-gu, Busan-si, and drinking alcohol on the part of the restaurant operated by the victim C, including the victim, and neglecting the number of acting drivers on the part of the restaurant, thereby obstructing the victim’s restaurant business by using force.

2. 모욕 피고인은 제 1 항에 기재된 일시, 장소에서 그와 같은 피고인의 업무 방해에 관한 112 신고를 받고 출동한 일산 동부 경찰서 D 지구대에 근무하는 경찰 공무원인 피해자 E에게 위 식당 종업원 및 그곳을 방문한 다수의 손님들이 있는 가운데, 피해자에게 “ 이 씨 발 놈 아, 짭새야, 개새끼야, 니들이 경찰이야, 좆같네,

At the last time, the victim was openly insultingd by speaking as a large amount of rash, dead, or discarded, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

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 a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 provides that the crime of interference with the instant business during the period of repeated crime is committed due to the crime of special intimidation, etc. for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the insult of a police officer in the performance of official duties is unfavorable under the circumstances unfavorable to him, such as the confession, confession, and reflect of the crime, the agreement with the victim of interference with the duties, and the fact that the degree of interference with the duties of the defendant is not serious, etc., shall be considered in favorable circumstances, and the judgment is