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(영문) 인천지방법원 2015.06.03 2015고단686
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. 업무방해 피고인은 2015. 1. 16. 01:10경 인천 연수구 C에 있는 D편의점 내에서, 술에 취하여 아무런 이유 없이 위 편의점에서 근무하고 있던 피해자 E와 그곳에 있던 손님들에게 “씹쌔기, 개새끼”라고 욕설을 하는 등 행패를 부려 약 20분간 위력으로 피해자의 편의점 영업업무를 방해하였다.

2. On the same date and time as the above paragraph 1 above, the Defendant: (a) was urged to return home from the police officer G, the police officer belonging to the Incheon Yeonsu Police Station F District G, who was dispatched after receiving the victim’s 112 report; and (b) the Defendant: (c) was able to see that “I will do so; (d) I would like to see that I will do so; (e) I would like to see that I will do so; (e) I will do so; and (e) I would like to see that I will do so; and (e) I would like to do so, I would like to see that I would like to see that I would like to do so; and (e) I would like to see that I would like to do so; and (e) I would like to do so.

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch of the 112-report site report by G and G and H.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Application of respective Acts and subordinate statutes of E;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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 of the provisional payment order is that the defendant reflects the instant crime, that leads to contingent crimes under the influence of alcohol, that was agreed with the victim E, and that the degree of obstruction of performance of official duties is not significant.

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