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(영문) 인천지방법원 2018.09.13 2018고단5255
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2018. 5. 29. 17:45 경 인천 남동구 B에 있는 C 편의점 내에서, 종업원인 피해자 D( 여, 18세) 이 즉석 떡볶이를 데워 먹는 방법을 제대로 설명하지 않았다는 이유로 피해자에게 “ 씨발 년 아, 개 쌍년 아 ”라고 욕설을 하고, 물건을 집어 던질 듯 위협하고, 손으로 계산대를 내리치는 등 약 5분 동안 소란을 피워 위력으로 피해자의 편의점 영업 업무를 방해하였다.

2. Around 18:00 on May 29, 2018, the Defendant, at the place indicated in the foregoing paragraph 1, and reported that he/she was interfered with the business as described in the foregoing paragraph 1, committed assault against the Defendant, on his/her hand, to check the circumstances of the instant case to a police officer affiliated with the E District of the police station, and to check the F, “I Y Y Y Y Y YY YY YY YY YY YY YYY YY YYY YY YYY YY YYY YYY YYY YYYY YYY

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures / [the scope of recommendations according to the standards for handling multiple crimes / [6 months - 2 months] / 3 months] 【decision of sentence】 The social party to protect female workers exposed to the failure to take the main sentence, and the seriousness of the public authority’s warning, taking into account the above punishment that remains in the property sentence, but it is difficult to take the effect of improvement.

shall be deemed to have been.

The punishment for six months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for a period of one year on condition that community service and lecture for the prevention of recidivism are provided.

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