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(영문) 서울남부지방법원 2020.01.15 2019고정1513
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 3, 2019, from around 23:00 on February 3, 2019 to 02:07 of the following day, the Defendant obstructed the victim’s restaurant business by force, such as: (a) while drinking alcohol at the “E” restaurant operated by the victim D (Inn, 55 years of age) in Gangseo-gu Seoul Metropolitan Government, she was boomed with a large amount; (b) being engaged in a dispute and fighting with a water reservoir and liner; (c) being pushed in the body of the hot wind, being pushed up with a black, strings; (d) being pushed up with the tables; (e) being shicked; (e) being laid down on the floor; (e) being laid down in the chill; and (e) having the victim expressed “Ig, Ih, Ihn, Ihn, and Swen,” and intending to see the victim’s restaurant business.

2. Around 02:00 on February 4, 2019, the Defendant, together with insult B, heard several persons, including the victim G, the victim H and the victim I, who is a police officer belonging to the Fdistrict, who was called up after having received 112 a report, who was a police officer belonging to the F Zone G, the victim H and the victim I, who was called up for the 112 report. In addition, the Defendant abused the victims by saying, “I am, I am, I am, I am am, I am am, I am am, I am am, and am am, I am am, I am am am, I am am am, I am am am, I am am am, and I am am.”

계속하여 피고인은 B와 공동하여 2019. 2. 4. 02:30경부터 같은 날 03:00경까지 서울 강서구 J에 있는 F지구대에서, 위 D과 그 일행 등 여러 명이 듣고 있는 가운데, 피해자 G, 피해자 H, 피해자 I, 피해자 K에게 “이런 씨발놈들아, 좆같은 새끼, 개새끼들아, 경찰관은 다 쓰레기야, 지구대 너네들 좆밥들이야, 돼지새끼 이런 어린놈의 새끼야”라는 등 온갖 욕설을 하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, I, K, and L;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the complaint;

1. The point of interference with business under Articles 314(1) and 30 of the Criminal Act, which is applicable to the relevant criminal facts and the choice of punishment; and

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