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(영문) 수원지방법원 안산지원 2018.02.21 2017고단3561
업무방해
Text

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

Reasons

Punishment of the crime

피고인은 2017. 1. 10. 수원지 방법원 안산지원에서 업무 방해죄 등으로 징역 5월을 선고 받아 2017. 5. 2. 그 형의 집행을 종료하였다 『2017 고단 3561』 피고인은 2017. 10. 15. 21:00 경 광명 시 C에 있는 피해자 D이 운영하는 ‘E 식당’ 내에서, 아무런 말없이 냉장고에서 소주 1 병을 꺼 내 마시고 종업원 F로부터 계산할 것을 요구 받자 “ 그럼 신고 해, 썅 년, 씨발 년, 개 같은 년. ”라고 큰소리로 욕설을 하고, 식사를 하고 있던 손님 G에게 “ 광명 오야 봉 아냐 다 죽여 버리겠다.

“Around 2 hours and 30 minutes of the disturbance, such as ging off the city fee, or singing off the alcohol, so as to let the customers who were in the above restaurant get out of the disturbance, and thereby interfered with the victim’s restaurant business by force.

On November 27, 2017, the Defendant: (a) 19:20 on November 27, 2017, the victim I working for H at the J convenience point where he/she works as an employee; (b) drink and 112 reported a disturbance and retired from the above convenience point around 19:40 on the same day; (c) however, the Defendant visited the victim of the convenience point at around 19:53 on the same day to take a bath for the victim; and (d) was urged by the police officer to return home at around 19:40 on the same day. However, the Defendant did not report to the police.

E. By threatening the following: (a) the victim’s convenience store operation was obstructed by force by avoiding disturbance until 20:08 on the same day, such as putting the knife by hand or driving the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and I;

1. Investigation report (to listen to the statement by telephone from a wooden shot G);

1. CCTV closure photographs;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the defendant has a large number of criminal records, and the defendant has received the same kind of criminal records in 13 times.

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