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(영문) 울산지방법원 2020.10.22.선고 2020고단1639 판결
특정범죄가중처벌등에관한법률위반(운전자폭행등),업무방해,경범죄처벌법위반도로교통법위반(음주측정거부)특수폭행특수협박
Cases

200 Highest 1639 Drivers who violate the Act on the Aggravated Punishment, etc. of Specific Crimes

Violence, Interference with Business, and Violation of the Punishment of Minor Offenses Act

20 Highest 1872(combined) Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages)

20 Highest 2154(combined) Special Violence

20 Highest 2519(Joint) Special Intimidation

Defendant

Defendant Kim, 59-years, South and North Korea

Residential Ulsan

Prosecutor

The Minister of Justice, the Minister of Justice, the Minister of Justice, or the Minister of Justice.

Defense Counsel

Attorney Choi (Korean National Assembly)

Imposition of Judgment

October 22, 2020

Text

Defendant shall be punished by imprisonment with prison labor for three years and by a fine of 600,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period of one hundred thousand won converted from one day.

To order the defendant to pay an amount equivalent to the above fine.

On April 14, 2020, the defendant's obstruction of business is not guilty. The summary of the verdict of innocence is published.

Reasons

Criminal History "2020 Highest 1639"

1. Interference with business;

(a) Crimes around January 15, 2020;

피고인은 2020. 1. 15. 06:30경 울산 동구 대학길 ***에 있는 피해자 박○순이 근무하는 '○○돼지국밥' 음식점에서, 위 음식점에 손님으로 찾아가 식사를 하면서 휴대전화로 야한 동영상을 음량을 크게 하여 시청 중, 다른 손님들의 식사를 방해한다고 판단한 위 피해자와 다른 종업원 장○화로부터 음량을 줄여달라는 요구를 받자, "씨발 년아, 왜 소리를 줄여 달라고 하는데, 섹섹이다, 씨발년들아 내 휴대전화로 내 야동을 보는데, 니들이 무슨 상관이고."라고 고함을 치고, 식사를 마친 뒤 위 장○화로부터 나가 달라는 요구를 받고 "씨발 개같은년들아, 니들이 뭔데 계속 지랄인데, 확 쑤셔 죽였 뿔라, 개같은년들이."라고 위협하며 계속해서 야한 동영상을 시청하고, 음식들을 자신의 입에 넣어 씹은 다음에 뱉어 테이블 위를 엉망으로 만들어놓는 등 약 20분간 소란을 피웠다.

Accordingly, the defendant interfered with the business of the victim's restaurant entertainment by force.

(b) Crimes around January 16, 2020;

At around 03:40 on January 16, 2020, the Defendant refused to take a position from the above victim who had concerns of disturbance such as the above paragraph 1, and the Defendant stated that “YY Y Y Y Y Y Y Y YY Y YY YY YY YY YY YY YY YY Y YY YY Y Y YY YG Y Y Y Y YY Y Y YY Y Y YG Y Y YY Y Y YY Y Y Y Y Y Y YY YY Y Y YY YY YY Y Y YY YY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y.

피고인은 2020. 3. 28. 23:00경 울산 동구 방어진순환도로 ***의2 지하 1층에 있는 피해자 김○희가 10번 코너를 운영하는 '000스탠드' 유흥주점에서, 위 유흥주점에 입장하여 마음대로 냉장고로 가서 맥주를 꺼내 마시고, 피해자 및 그곳에 근무하는 종업원들에게 "야이 씨발년들아 니 여기와서 술을 따라 봐라, 이 개같은년들아 빨리 온 나."라고 고함치고, 위 피해자로부터 조용히 해줄 것을 요구받자, "이 씨발년아, 입닥쳐라, 니 같은년은 내가 죽이고 들어가도 5년만 살다 나오면 된다, 이 개같은년들아, 니한번만 더 씨부리면 나도 오늘 죽인다. 이 개같은년아."라고 욕설을 섞어 고함을 지름과 동시에 주먹으로 피해자의 얼굴 부위를 때리려고 하고, 이를 주변 손님들로부터 제지당하자, 그 손님들에게 "이 씨발놈들아, 니 돌았나, 이 개새끼야, 니도 오늘 내가 죽여줄게."라고 고함치면서 위 주점 주방으로 가서 "야 이 씨발년들아 칼 어딨노."라고 고함을 지르면서 칼을 찾다가 맥주병을 거꾸로 잡고 위 손님들을 향해 때리려고 위협하는 등 약 40분간 소란을 피웠다.

Accordingly, the defendant interfered with the victim's operation of entertainment bars by force.

(d) Crimes around March 29, 2020;

피고인은 2020. 3. 29. 02:10경 울산 동구 해수욕장길 **에 있는 피해자 장○희가 근무하는 '♤♤ 한우국밥' 음식점에서, 술에 취한 상태로 입장하여 피해자 등에게 "국밥은 됐고, 술을 달라."고 하였으나 술을 주지 않는다는 이유로 "야이 씨발년들아 너거가 뭔데 술을 안파노, 너거가 안 팔면 내가 직접 꺼내 먹는다. 개같은년들아."라고 욕설을 섞어 고함치면서 냉장고에서 소주 1병을 마음대로 꺼내서 마시고, "내가 꽃바위에 노래방을 하는데, 일할 아줌마 좀 구해달라."라고 하다가 "언제 아줌마 구해줄껀데, 왜 안구해주노, 씨발년들, 개같은년들, 왜 약속을 안지키노, 확 다 잡아 죽였뿔라, 어이 씨발 년들아."라고 소리 지르면서 정수기 쪽으로 걸어가서 그 위에 있던 플라스틱 재질의 쟁반을 들고 바닥에 집어던지면서 "씨발년들아, 너거는 내가 다 죽였뿐다, 알겠나 이개같은년들아."라고 고함쳤다.

Then, the Defendant was unable to have avoided a disturbance for about 40 minutes due to the following reasons: “I am boom, balk, balk, dried, dried, dried, dried, dried, dried, dried, dried, dried, dried.” The Defendant was forced to avoid a disturbance for about 40 minutes due to the Defendant’s force: “I am balk, falk, dried, dried, dried, dried, dried, dried, dried, dried, dried, dried, dried.” The Defendant interfered with the Defendant’s business concerning restaurant visitors by force.

E. Crimes around April 4, 2020

The Defendant, at around 01:00 on April 4, 2020, was under the influence of alcohol in the amusement tavern '00 straws for the victim Kim-ok, the victim Kim-ok, on the 1st underground floor of Ulsan-gu, Ulsan-gu *** 000 straws for the operation of a coponer of No. 0.

Without any reason, it was difficult to avoid disturbance for about 30 minutes, such as taking a bath to customers, taking a high character, keeping the body of the victim who prevents him/her from doing so.

Accordingly, the defendant interfered with the victim's operation of entertainment bars by force.

(f) A crime on April 5, 2020;

피고인은 2020. 4. 5. 23:00경 울산 동구 ○○3길 3 (서부동)에 있는 피해자 서○란이 7번 코너를 운영하는 '○○○스탠드' 유흥주점에서, 손님으로 입장하여 맥주, 과일 안주 등을 주문하여 약 1시간 정도 먹던 중, 다른 손님들의 신청곡을 기재한 종이를 밴드에게 전달하려는 피해자를 보고 갑자기 위 종이를 빼앗아 구긴 다음, 주먹으로 피해자의 턱 부위를 1회 때리면서 "야 씨발 좆같은년아 개씨발년이 얼쩡대노."라고 욕설하고, 위 피해자로부터 항의를 받자 "씨발년이 뭐라노 개같은년이."라고 고함침과 동시에 양손으로 피해자의 목을 조르면서 바닥에 넘어뜨려 행패를 부리는 등 약 10~20분 정도 소란을 피웠다.

Accordingly, the defendant interfered with the victim's operation of entertainment bars by force.

(g) A crime on April 6, 2020;

At around 23:10 on April 6, 2020, the Defendant: (a) entered a entertainment drinking house operated by the victim ○○○○○ 1st century, and (b) placed a beer and a day-to- day-to- day-to-day, etc.; (c) placed a string-to-day music, but the string-to-day music did not fit the box; and (d) continued to put the brue pattern into the top of the top of the top of the top of the top of the top of the top of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the last two.

Accordingly, the defendant interfered with the victim's operation of entertainment bars by force.

(h) A crime on April 13, 2020;

At around 03:10 on April 13, 2020, the Defendant: (a) on an entertainment drinking house managed by the victim Kim Jong-dong-dong-dong-gu defense cycle **** on an entertainment drinking house with the victim Kim Jong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu's view that the victim was under the influence of drinking and playing with the victim's desire to read "this three-year-old age-old" and "the victim was under the influence of doing an act threateningly," and (b) the victim was under the influence of the victim, and (c) the defendant was under the control of the victim's night-time-old-time-time-time-old.

(i) A crime on April 15, 2020;

On April 15, 2020, the Defendant: (a) entered an entertainment drinking house with the victim Kim Jong-hee on the same cycle of the Dong-gu, Ulsan-gu; (b)*** 1000-gu, operated by the victim Kim Jong-ok, respectively; (c) stated that the victim Kim Jong-ok was under the influence of alcohol and stated that “I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, and I am under the influence of alcohol, I am under the influence of alcohol, and I am under the influence of the victim, other employees,” and tried to am under the influence of "I am under the influence of drinking alcohol, I am under the influence of drinking alcohol, I am under the influence of drinking alcohol, and I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of drinking.”

Accordingly, the defendant interfered with the management of entertainment bars of victims by force.

2. Violation of the Punishment of Minor Offenses Act;

Around 08:00 on February 20, 2020, the Defendant, while under the influence of alcohol at the public service center of the first floor of Ulsan-gu public health clinic of the first floor, "Slsan-gu public health clinic located in Ulsan-gu, Ulsan-do," and "I am about whether or not the above public health clinic was in 7th grade nursing service belonging to the above Gu office", and "I am about about whether the above cro or infection was in cro or infection, because there is an invasion," and the Defendant was notified that "I am allowed to collect body from 3 p.m. upon receipt of the doctor's opinion from the above highest level, I am about cro or inspection." It was very difficult for the Defendant, who had been under the influence of alcohol at a very large amount of 10 minutes, such as "I am about 24 hours in time and about 24 hours in time in time."

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. Crimes around February 24, 2020

Around 09:50 on February 24, 2020, the Defendant, who ever stopped at the bus stop at the same Dongsan-dong, is required to cut the voice of the said victim on board the bus No. 00 passengers on board the bus No. 400. 00, which ever was driven by the victim, and asked the victim to turn off the voice. In addition, on the part of the victim, the Defendant would have come up with the victim's seat, "I will come up with the victim's seat, I would like to turn off, I would like to get the victim to turn off, I would like to get the victim's walk, I would like to get the victim's walk again, "I would like to get the victim to turn off, I would like to get the victim's seat again, I would like to get the victim's signal again, and I would like to get the victim's signal again to get out of the bus stop."

(b) A crime on March 24, 2020;

On March 24, 2020, at around 21:30, the Defendant moved to the bus stops at the bus stops No. 000, 000, which was driven by the victim ○○○○ (Nam, 60 years old) who stopped at the bus stops in Ulsan-gu defense Dong-gu, Ulsan-gu, Seoul-do, and the Defendant used the bus with no charges or charges on two occasions prior to that time, and the Defendant was habitually deprived of a passenger who used the bus. The Defendant was demanded by the victim to pay the charges from the victim, “the need to cut off the car sping.”

While the Defendant was getting off from a bus as above, the Defendant heard the victim’s words “I am not only once but also in the future, I am. I am. I am. I am. I am. B, I am a criminal, I am, I am am, I am ar, I am ar, I am ar, I am ar. I am ar. I am ar. I am ar. I am ar. I am am ar. I am ar. I am. I am to am. I am. I am, I am, I am, I am. I am at the same time I am when I am when I am. I am when I am. I am., I am. I am. am. 3 am. I am. I am. I am. am. am., I am. am., I am, am. am. am.. am. am.... am... am.... am.... am... am.... am... am... am... am.. am...... am......... am....... am.. am.... am.............

Around 1:45 on March 30, 2020, the Defendant: (a) considered the victim as “the ○○ passenger ○○○○○○, a bus driven by the bus stop in Ulsan-dong, Ulsan-gu, U.S., Seoul-do; (b) considered the victim as “the son is opening a door as soon as possible” at a place other than a bus stop; and (c) considered the victim as “the son is going off from the platform.” (d) considered the victim as “the son is going off from the platform and grow as soon as possible,” and (d) considered the victim as “the son is going out of the platform, if only the son is closed, and will grow up.” (e.g., the son, 46 years old) considered as “the son who is in operation of the bus stop, wanting to die, or bit bit bit.” (e.g., the son 27 years old) considered the victim as a threat to the operation of the vehicle.

On April 15, 2020, the Defendant received 112 report to the effect that "the Defendant drinks a drinking in front of 99 on the roads prior to the Ulsan-gu, Ulsan-gu, etc., and called "the Defendant drinks a drinking," the Defendant did not comply with a demand for a drinking test by a police officer without justifiable reasons, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as: (a) the Defendant’s vehicle was under the influence of drinking; (b) the Defendant’s vehicle was under the influence of drinking; (c) the Defendant’s vehicle was under the influence of drinking, such as heavy snow, string, string, and stringing so on; and (d) the Defendant 12:04 of the same day from around 12:19 of the same day to around 12:19 of the same day; and (d) the Defendant did not comply with a demand for a drinking test by inserting a drinking measuring machine four times in total.

"200 Highest 2154"

Around 00:13 on April 5, 2020, the Defendant: (a) called "Sulna, Ulsan-gu, Ulsan-gu, ○○○○○○○○○," without any justifiable reason, to ○○○○ (Nam, 51 years old); (b) Madna, Madra, a dangerous object on the table that the victim does not have any reason to be subject to death; (c) Madna, Madna, Madna, Madna, Madna, Madna, Madna, Madna, and continuously displayed the victim's head, with the victim's head, requiring that the victim be subject to death, and (d) the victim's back timbered on the table, and 3 times the victim's back timbered with the hand floor that the victim cannot be subject to death. Accordingly, the Defendant assaulted the victim with dangerous object.

On March 6, 2020, at the second floor of a commercial building owned by the victim Kim-owned in Ulsan-gu, Ulsan-gu, the Defendant: (a) taken a knife knife knife, which is a dangerous object in one’s own bank, and knife the face of the victim Kim-owned, and said, “I want to throw off knife with the knife, I want to knife with the knife”. The Defendant threatened the victim by carrying dangerous things.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314(1) of the Criminal Act; Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 3(3)1 of the Punishment of Minor Offenses Act; Article 148-2(2) and Article 44(2) of the Road Traffic Act; Articles 261 and 260(1) of the Criminal Act; Article 284 and Article 283(1) of the Criminal Act (a) (a) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) the Punishment of Minor Offenses Act (a)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The sentencing of Article 334(1) of the Criminal Procedure Act has the history of being punished several times including imprisonment for the same kind of crime for the reason of sentencing, repeated crimes against many victims in a short period, repeated use of dangerous objects, etc., with a strong violent inclinations, which led to a large number of victims who engage in their occupation due to the defendant's crime, and the defendant does not recognize his/her crime in the course of investigation and trial, and rather expressed his/her awareness of his/her mind about the public authority and victims, and thus, it is highly likely to prevent the crime again, and there is a high risk of preventing the crime again, and there is a need for isolation through the reduction of life for a considerable period of time, there is no criminal history for several years after release in 2015, the health of the defendant, and the circumstances of each crime law and crime.

The acquittal portion

1. Facts charged;

At around 09:40 on April 14, 2020, the Defendant was unable to avoid disturbance for about 30 minutes, such as “I would like to die of this spaw,” and “I would like to die of this spaw,” and “I would like to die of this spaw,” and “I would like to die of this spaw,” by force. Accordingly, the Defendant interfered with the Defendant’s election campaign activities by force.

2. Determination

In this part of the facts charged by the prosecutor, the police's protocol of statement about the grandchildren, which is the evidence requested by the prosecutor, has no admissibility of evidence.

Meanwhile, according to the remaining evidence's statement in court and 112 report processing table, it is not sufficient to recognize that the defendant sent the disturbance to the democratic party at the time and place as stated in the facts charged, while referring to the government and the democratic party at the time and place of the charge, but it is not sufficient to recognize that the defendant was unable to bring a disturbance for the same time as indicated in the facts charged, or that such act of the defendant led to an unlawful interference with the victim's business. There is no other evidence to acknowledge otherwise.

3. Conclusion

This part of the facts charged constitutes a case where there is no proof of a crime, and thus, is pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, and it is so decided as per Disposition by publicly announcing the summary of the judgment in accordance with Article 58

Judges

Judges Kim Yong-hee

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