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(영문) 춘천지방법원 강릉지원 2016.06.15 2016고단484
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 12, 2016, from March 212, 2016 to 23:30 on the same day, the Defendant: (a) was drunk in C cafeteria B; and (b) was a victim D (the 56-year-old-old-age-age-age-age-age-age-age-age-age-based-based-based-based-based-based-service-based-service-service-service-service-related-service-related-

썅 년, 개 같은 년” 이라는 등 큰소리로 욕설을 하고, 다른 테이블에서 술을 마시던 손님들에게도 “ 이 년, 썅 년, 개 같은 놈” 이라는 등 큰소리로 욕설을 하며 시비를 걸고, 피해자의 112 신고를 받고 출동한 경찰관들에게도 “ 술 값이 없다, 못 낸다, 이 새끼들 아 나를 왜 이렇게 해, 너희들 나중에 후회할 거야“ 라면 서 난동하는 등, 피해자로 하여금 손님들을 제대로 응대하지 못하게 하고, 다른 손님들을 식당에서 나가게 함으로써, 약 1 시간 50여분 동안 위력으로써 피해자의 식당 운영 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. 112 A list of reported cases;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection (the scope of recommendation) [the scope of punishment] interference with the business of category 1 (Interference with the business] and the basic area (the decision of sentencing from June to January 6) / [the decision of sentence] repeating five repeated crimes including the suspension of execution within the last five years as a result of the commission of a habitive drinking crime, and even around March 4, 2016, by inducing the criminal act of a friende, drinking while drinking and drinking together, leading to the crime of this case only one week, and it appears that it is difficult to control the friendity of drinking by itself, such as getting off the clothes under the influence of drinking only six (6) days thereafter, and making it difficult to control the friendity of drinking by itself.

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