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(영문) 인천지방법원 2018.11.14 2018고단6649
업무방해등
Text

Defendant

A A shall be punished by a fine of two million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is Defendant B’s children.

1. Defendant A

가. 업무 방해 피고인은 2018. 7. 20. 23:04 경 인천 남동구 C 1 층에 있는 피해자 D이 운영하는 E에서 그곳에 있던 여자 종업원에게 반말을 하고 여종업원이 항의하자 욕설을 하여 피해자가 이를 만류하자 피해자에게 " 야 이 개새끼야, 씹쌔끼야" 라며 수회 욕설하며, 그의 허리띠를 잡아 흔드는 등 폭행하여 소란을 피우고, 계속하여 주변에 있던 다른 손님에게도 욕설하며 소리를 지르는 등 소란을 피워 위력으로 10 분간 피해자의 식당 영업 업무를 방해하였다.

B. As the victim G, a slope belonging to the F District Unit of the Incheon Police Station, which was dispatched after receiving a report on the foregoing reason, among the dates and time, places, etc. described in paragraph 1-A, the Defendant’s insultd the victim by openly insulting the victim by saying, “I do not open at the time and night,” and speaking, I would like to read, “I would like to read, “I would like to read,” and “I would like to read, in a large voice.”

2. On July 20, 2018, at the place described in paragraph 1-A around 23:04, Defendant B, at the place described in paragraph 1-A, found that the said slope G was to arrest a current offender on the grounds of paragraph 1, and Defendant B, “I see that “I am the same neck, bottle, and so on”, while I am the following son, I am the G’s neck and spher with his hand, and knife his hand into G’s drafting.

Accordingly, the defendant interfered with legitimate performance of official duties concerning investigation and suppression of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to D and G;

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

A. Defendant A: Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult) and the selection of each fine

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Criminal Act;

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