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(영문) 제주지방법원 2015.04.06 2015고정141

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A. On December 2, 2014, the Defendant: (a) around 21:00 on December 21, 2014, the victim C 29-year-old D restaurant run in Jeju-si; (b) “I need to die with the aged,” and “Is up to the age of the aged,” and (c) the Defendant interfered with the victim’s restaurant business by force by force by preventing approximately one-hour victims from running the restaurant business by making customers, who are eating out of the restaurant, under the influence of alcohol, from running the restaurant business.

나. 피고인은 같은 날 22:15경 위 가항과 같은 장소에서 행패를 부리는 사람이 있다는 신고를 받고 현장에 출동한 피해자 제주서부경찰서 E파출소 소속 순경 F에게 반말을 하고 윗옷을 벗으면서 “나랑 일뽕 뜰 자신 있냐, 씹새꺄”라고 하는 등 수회에 걸쳐 큰 소리로 욕설을 하며 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement and accusation of the Fman;

1. A written statement of C (cafeteria business operator);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act; Selection of each fine;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and