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(영문) 서울남부지방법원 2016.05.11 2016고단1103
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 3. 5. 21:00 경부터 같은 날 22:00 경까지 서울 구로구 B 소재 ‘C’ 식당에서, 술에 취한 상태로 식당 안에 있던 손님들에게 소리를 지르며 " 야 X 발 놈들 아 뭘 쳐 다 봐 "라고 욕을 하는 등 약 1시간 가량 소란을 피워 식당 안의 손님들이 그대로 나가 버리게 하여 위력으로 피해자 D의 식당 영업업무를 방해하였다.

2. The Defendant, at the same time, at the same place as, and at the same time and place as, the foregoing paragraph, and at the same time as, 112 reported and dispatched to the victim slope E belonging to the police station, Guro-gu, Seoul Metropolitan City, which publicly insulting the victim by referring to the victim, who is not superior, X gue, X gue, and X ray, in front of many customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes in a written statement;

1. Article 314(1) and Article 311 of the Criminal Act and Article 311 of the same Act concerning the facts constituting an offense (the point of interference with business) and the selection of each imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Interference with the performance of duties (the scope of recommended punishment) is a basic area (the imprisonment of six months to one year and six months) (the imprisonment of six months to one year and six months) (the person who has no special sentencing).

(b) Offenses of insult: Crimes of not setting the sentencing criteria; and

(c) Scope of final sentence due to the handling of multiple crimes: Imprisonment with prison labor for not less than six months (in cases of concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing criteria are set and the insult for which the sentencing criteria are not set, the lowest limit thereof shall be set according to the lower limit of the scope of sentence specified in the sentencing criteria for the

3. The Defendant had already committed the same kind of violent crime several times prior to the instant crime, and was unable to refrain from drinking alcohol, regardless of the other party’s intent.

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