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(영문) 인천지방법원 2019.06.19 2018고단7548

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was issued a summary order of KRW 3 million on October 4, 2018 due to a special intimidation case, i.e., a person residing underground of the Bupyeong-gu Incheon Metropolitan City D Building, where “C” operated by the victim B (the age of 44) is located; (b) was suffering from conflicts with the victim from time to time by taking into account the ordinary water leakage and noise; and (c) was causing conflicts with the victim; (d) around August 2018, the Defendant used a knife to the victim’s business establishment; and (d) was issued a summary order of KRW 3 million on October 4, 2018; and accordingly, (e) caused the victim to debris.

피고인은 2018. 10. 10. 16:00경 피해자가 운영하는 위 ‘C’에 별다른 이유 없이 술을 마신 상태로 찾아가 그곳에 있던 손님의 어깨 위에 갑자기 손을 올리고 손을 흔들면서 “사장 나와! 사장 나오라고 해! 죽여 버리기 전에!”라고 큰소리를 질러 손님이 겁에 질려 가게 밖으로 나가게 하고, 계속하여 같은 날 17:00경 재차 피해자의 커피숍으로 찾아가 피해자에게 큰소리로 “씹할 년아, 개년아, 커피 한 잔 줘봐!”라고 말하는 등 욕설을 하면서 난동하여 그곳에 있던 손님이 겁에 질려 가게 밖으로 나가게 하고, 손님들이 가게 안으로 들어오지 못하게 하는 등 약 20여 분간 위력으로써 피해자의 가게 운영 업무를 방해하였다.

Summary of Evidence

1. Legal statement of the witness B;

1. The written statement of the police concerning B (the defendant did not have any fact between the scene of the crime of this case or even if he did not do so, he did not interfere with his duties by taking a bath, etc. However, the witness B made a statement in this court that the defendant found and interfered with his duties as to the facts constituting the crime, and that the statement was consistent with the statements in the police and consistent with the statements in the police, and therefore, it is recognized that the defendant's search at the scene of the crime of this case's crime

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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