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(영문) 인천지방법원 2020.09.24 2020고정1284
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

The defendant is a police officer who was dispatched after receiving a report 112 from Bnobs, C (ma, 30 years of age), the head of Bnobs and the victim D (ma, 25 years of age).

1. From 04:00 on December 25, 2019 to 04:25 on the same day, the Defendant interfered with the business of the Defendant: (a) caused the victim C (Nam and 30 years of age), who is the head of the singing room, to “10 minutes”, “I will do so; and (b) frank together with the humiliations; and (c) interfered with the victim’s singing room business for approximately 25 minutes, by entering two instances where other customers are using the singing room.”

2. 모욕 피고인은 위 1.항과 같은 일시 및 장소에서 112신고를 받고 출동한 피해자 D(경찰공무원, 여, 25세)에게 “반말하는거 죄 아니야, 야 이년아, 기본적인 지식도 없어가지고, 개소리하고있네 씨발, 너 나한테 손 한번 대봐, 좆도 못하면서, 감당안돼죠, 븅신같이”라고 욕설을 하여 노래방 실장 C(남, 30세)이 있는 상황에서 공연히 모욕하였다.

Summary of Evidence

1. Written statement statement of the defendant C at the police station:

1. Application of Acts and subordinate statutes of each statement of damage (No. 8 and 9)

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 17 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The circumstances favorable to the defendant are recognized, such as the confession of the instant crime by the Defendant, against the mistake, etc.

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