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(영문) 인천지방법원 2020.09.02 2020고정1298
업무방해등
Text

Defendant

A A shall be punished by a fine of one million won and a fine of five hundred thousand won, respectively.

The Defendants were punished by fine.

Reasons

Punishment of the crime

The defendants are married family members, customers who have been in the D's room operated by the victim C(61). The victim E(37) is a police officer dispatched.

1. On December 20, 2019, the Defendants, who interfered with the business (the Defendants) reported to the police on December 23:14, 2019, on the ground that the agreement with the victim C and the victim was not well operated while entering and using singing rooms within the Dnonosocom room located in the Michuhol-gu Incheon, Michuhol-gu Incheon Metropolitan City.

Nevertheless, the Defendants have returned to singing.

Defendant

A freshed the victim with a success, such as passing the police again, and Defendant B interfered with the victim’s singing-making business by putting the victim with a 10-minute sing pattern, such as “I will not engage in funeral if I do not do so,” and “I will not engage in funeral services from the beginning,” and “I will not engage in funeral services unless I do so.”

2. 모욕(피고인 A) 피고인은 위 일시장소에서 노래방 업주 112 신고를 받고 출동한 경찰관인 인천미추홀경찰서 G지구대 소속 경위 피해자 E(37세)에게 “니가 아까 온 짭새 새끼구나.”, “이 새끼야 니가 경찰새끼냐, 짭새 새끼야.”, “야이 씹새끼야.”라고 욕설하여 노래방 업주인 C 등 앞에서 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Application of the Act on On-Site Screening of Complaint E prepared by the Defendants’ written statement C

1. Defendants of relevant legal provisions concerning criminal facts: Articles 314(1) and 30 of the Criminal Act; Defendant A: Article 311 of the Criminal Act

1. Defendants who choose to impose punishment: Determination of a fine (the amount of fine shall be determined in consideration of the circumstances agreed upon by the Defendants C at the investigation stage);

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: the Criminal Procedure Act.

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