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(영문) 인천지방법원 부천지원 2019.09.06 2019고단1376
업무방해등
Text

A defendant shall be punished by imprisonment for 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.

Reasons

Punishment of the crime

1. 업무방해 피고인은 2019. 3. 29. 12:10경 부천시 B에 있는 피해자 C이 운영하는 D 식당에서, 가게 손님인 할아버지가 앉아 있는 탁자에 동석하여 할아버지로부터 밥과 술을 얻어먹으려고 하다가 피해자로부터 제지를 당하자 “야 이년아 니가 뭔데 이래라 저래라 하냐 , 썅년, 시발년, 보지 파는년이 ”라고 큰 소리로 욕설하면서 행패를 부리고 식당 바닥에 가래침을 5~6회 뱉는 등 약 30분 소란을 피웠다.

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

2. At around 13:00 on March 29, 2019, the Defendant reported 112 at the D restaurant as indicated in paragraph (1) on the ground that the employees of the would drive away the Defendant. On the other hand, the Defendant: (a) expressed a desire to refrain from disturbing acts from E and F, a police official belonging to the subsidiaryG police station, who was called upon receipt of the report; and (b) took a bath that “the country is expected due to spits, spits, spits, etc.”; (b) assaulted E’s face and chest twice by spiting them into two times; and (c) assaulted E’s left f’s f’s f’s f’s f’s f’s fright and f’s f’s f’s fat on the right side; and (d) assaulted f’s f’s f’s f.

As a result, the defendant abused a police officer, thereby obstructing the police officer from performing his duties on handling the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to E, F, and C;

1. Application of the Acts and subordinate statutes to a copy of the G District Work Site;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Legal penalty;

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