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(영문) 수원지방법원 안양지원 2018.03.15 2017고단2346
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant is a person who violated the Punishment of Violences, etc. Act (joint injury) in support of the development of the Suwon method and the National Police Agency on December 15, 2009, and was sentenced to a suspended sentence of two years in August, 200 and nine times of violent crimes.

[Criminal Facts]

1. 업무 방해 피고인은 2017. 10. 31. 03:00 경 안양시 동안구 B에 있는 C 편의점에서, 술에 취한 채로 아무런 이유 없이 위 편의점의 종업원인 피해자 D(23 세 )에게 “ 씨 발 놈, 개새끼야 일 똑바로 안해” 라며 욕설을 하고, 피해자가 있는 계산대 안쪽으로 들어가려고 하면서 위 계산대 출입구를 막고 있는 선반을 수회 들었다 놨다 하고, 피해자가 이를 제지하자 계산대 옆 가판대에 있던 사탕과 과자를 바닥에 집어던지는 등 약 20분 간 행패를 부렸다.

Accordingly, the defendant interfered with the victim's convenience store business by force.

2. On October 31, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) at the F police box located in the Gu E during Ansan-si around 03:30 on October 31, 2017; (b) “I am on theme of theme in which the police officer was responsible for the tax paid by the YE.”

approximately 50 minutes of the disturbance, such as opening the dog, taking a bath, and taking a bath.

Accordingly, the defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official gazettes, and the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. In addition, even though the record of punishment for the same kind of crime with the reason of sentencing in Article 62-2 of the Social Service Order Act has been several times, the observation of protection and the community service order has been repeated.

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