2016 Highest 4530 Business obstruction, insult

A person shall be appointed.

For the purposes of this Decree, the President of the Republic of Korea (Public Trial) and the President of the Republic of Korea

Attorney B (Korean National Assembly)

March 29, 2017

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Facts of crime

1. Definating;

가 . 피고인은 2016 . 9 . 12 . 22 : 00경 대전 동구 C에 있는 D 용운점에서 , 계산원인 피해 자 이00 ( 여 , 48세 ) 에게 영양갱 가격을 물어보았는데 피해자가 ' 바코드를 찍어 봐야 알 수 있다 ' 라고 했다는 이유로 , 불특정 다수의 손님들이 듣고 있는 가운데 , " 이런 무식한 씨발 년아 , 너 뇌성마비 걸린 년 아니야 ? 물건 값도 몰라서 찍어봐야 아냐 , 썅년아 " 라 고 큰소리로 말하여 공연히 피해자를 모욕하였다 .

B. At the same time and place as referred to in the preceding paragraph, the Defendant publicly insultingd the victim by 00 ( South Korea, 30 years of age) who was waiting for calculation in the Defendant following the Defendant, on the grounds that the victim’s boomed “is her bath about the opus and was called “the breath” as soon as possible, on the ground that many and unspecified customers have been heard.

2. Interference with business;

At the same time as in the preceding paragraph, the Defendant interfered with the E operation business by force for about 40 minutes, including: (a) the Defendant, at the above D convenience store managed by the victim Kim 00; (b) the Defendant, at the same time, took the calcium and the customer with a large interest, and let the customer waiting for calculation return without having to make accounts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, G, and H;

1. Each complaint;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 314(1) of the Criminal Act (Interference with Business), Article 313 of the Criminal Act ( point of insult), and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

Unfavorable circumstances: The fact that the nature of the crime is not good in light of the content of the crime, that there is three times the records of violent crime.

A favorable normal condition: A confession and reflectment;

Determination of sentence: The above circumstances are different from the defendant's age, character and conduct, environment, the impulse of crime, means and result, various conditions of sentencing as shown in the argument of this case, such as the situation after the crime was committed.

Judges Cho Jae-ho