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(영문) 청주지방법원 2019.01.24 2018고단2595

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 29, 2018, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for the crime of interference with business at the Cheongju District Court on June, 2018, and the said judgment became final and conclusive on December 7, 2018.

【Criminal Facts】

피고인은 2018. 10. 20. 22:54경 청주시 청원구 B에 있는 C편의점에서, 술에 취해 특별한 이유 없이, 그곳 종업원인 피해자 D에게 욕설을 하고, 중국 손님이 들어오자 피해자와 그 손님에게 “짜장한테 물건 팔지 마”, “뭘 쳐다 봐 눈깔 깔아”라는 등으로 소리를 쳤으며, 손에 들고 있던 막걸리를 그곳에 있던 전자레인지 등에 뿌리는 등 약 1시간 30분 동안 난동을 부려 피해자의 위 편의점 운영 업무를 위력으로 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on damage;

1. Receipts:

1. Section in the preceding judgment: Application of Acts and subordinate statutes to significantly facts, criminal records, and investigation reports (the same type of power and the fact that a trial is in progress) to this court;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of obstructing the business of a convenience store by frighting the employees of a convenience store, such as frighting sound and frighting them at the convenience store under the influence of Article 62(1) of the Criminal Act, is very pleasure. In addition to the Defendant’s previous conviction, there are three times the same records, and there are problems with drinking habits. The misunderstanding is recognized and reflectivity. The o is agreed with the owner of convenience store business. In full view of the sentencing conditions of Article 51 of the Criminal Act, the sentence is determined as per the disposition.