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(영문) 제주지방법원 2016.11.17 2016고단1689

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 24, 2016, from around 00:30 to around 00:35 of the same day, the Defendant: (a) had the victim’s “D” main points of the Victim C’s Operation in Jeju City from around July 24, 2016 to around 00:35 of the same day, and (b) had the victim take a look at the victim’s speech that he would not drink alcohol from the victim; and (c) had the victim take a look at the victim’s “chrone, chrone” with a large sound, and let the victim take a bath for about five minutes.

Accordingly, the Defendant interfered with the victim's main business by force.

2. 경범죄처벌법위반 피고인은 2016. 7. 24. 00:50경부터 같은 날 01:50경까지 사이에 제주시 E에 있는 제주동부경찰서 F지구대에서 전항 기재 범행으로 현행범인 체포되어 인치된 점에 불만을 품고 그곳에 있던 경찰관들에게 “나도 대한민국 국회의원 빽 있다. 새끼야, 씨발놈아 대한민국 좆같네, 좆 같은 놈들아, 너 씹이다”라고 욕을 하면서 몹시 거친 말과 행동으로 소란을 피워 주정하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of interference with business at the government office), and the selection of fines, respectively;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the crime of interference with business in 2008 has a record of being punished by a fine of one million won for the crime of interference with business in 2008, and a fine of five hundred thousand won for the crime of violation of the Punishment of Minor Offenses Act in 2015, and even if there was a record of being punished by a fine for obstruction of performance of official duties twice, the defendant should be punished strictly in light of the fact that each of the crimes of this case was committed.

However, the defendant confessions all of the crimes of this case.