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(영문) 서울중앙지방법원 2015.01.12 2014고정4219

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

1. At around 13:30 to 14:00 on August 2, 2014, the Defendant interfered with the business, who was working in the Gangnam-gu Seoul Metropolitan Government B serviceroom, sent to the victim C (Nam, 55 years of age) a large voice that “I n n n n n n n n n n n n n. n n n n n n. n n. n. n. n. n. n. n. n. n. n. n.

2. On August 2, 2014, at around 14:20 on August 2, 2014, the Defendant insultingd the victim G (Nam, 29 years of age) who is a police officer working at the place where C and F work together with C within the “E police box” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant publicly insultingd the victim by saying, “The Defendant is a police officer who investigates this bom, rings, racks, racks, and arbs, and arbs.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement (G, C);

1. Each statement (C, F);

1. The explanatory note (the head of the office and the video CD) and the attached CD screen image [the defendant entered the service office to file a civil petition, reported to 112 that he had a personal threat to the public duty personnel’s desire, and the police officer’s desire is not insulting, and the defendant’s desire is merely a mere expression to police officers.” However, the defendant’s act of entering the criminal facts is consistent with C, F, and G, which has been observed at the time. Also, even in the video CD in which the defendant took the process of protest at the service office, he can be confirmed that the defendant returned to the service office while he takes a desire. Taking full account of these facts, it is determined that the defendant committed an act identical to the criminal facts, and that there is no reasonable doubt for the application of the law];

1. Relevant Article 314 (1) of the Criminal Act, Article 311 of the Criminal Act and Article 311 of the Criminal Act and the selection of fines for the crime;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed on a fine which is heavier for the crime of interference with business;