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(영문) 수원지방법원 2020.05.14 2019고단7887
업무방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On February 12, 2019, the Defendant sentenced 8 months to imprisonment for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders at Suwon District Court on February 12, 2019, and completed the execution of the sentence at the Sungsung Vocational Training Prison on October 14 of the same year.

【Criminal Facts】

1. On October 18, 2019, the Defendant interfered with business: (a) took the influence of “△△△△△nn, operated by the Suwon-si B Victim C (n, 76 years of age) (n, e.g., the Defendant) with a view to the victim’s operation by taking the influence of alcohol from “△△△nnn,” and (b) taking the victim’s request for delivery; (c) taking the victim’s desire for delivery; (d) taking the victim’s voice into consideration; and (e) having the customer leave the room, the Defendant interfered with the victim’s operation by force for about 20 minutes.

2. Around 11:15 on October 18, 2019, the Defendant, at the inn of the aforesaid C and his/her employees, etc. as indicated in paragraph (1), made a public insult of the victim by openly insulting the victim by taking advantage of the following factors: (a) the police officer belonging to the Suwon Police Station E district unit, who was called upon 112 report and sent to the police officer belonging to the Suwon Police Station E District; (b) the “nick with nita”, “nita with nita”, and “nit nit fe”, etc.

3. 경범죄처벌법위반 피고인은 2019. 10. 18. 11:30경 수원시 팔달구 G에 있는 E지구대에서, 위와 같이 업무방해 및 모욕으로 현행범인 체포된 것에 화가 나, “개새끼야”, “니미 씨발아”, “니 애미 보지구멍이 썩었다”, “너를 낳아가지고 보지구멍이 썩었다”, “뭘 알고 씨부려라 씨발놈아“, ”니 애미가 보지다”라며 큰소리로 욕설을 하고 소리를 지르는 등 약 40분간 술에 취한 채로 관공서에서 몹시 거친 말과 행동으로 주정하거나 시끄럽게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of H, F, and I;

1. A complaint;

1. Suspect, on-site photographs, etc.;

1. Previous records of judgment: Criminal records;

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