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(영문) 서울남부지방법원 2020.11.12 2020고단4702

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 05:30 on June 30, 2020, the Defendant interfered with the victim’s restaurant operation duties by force over about 50 minutes, such as, under the influence of alcohol, the victim C’s restaurant located in Yangcheon-gu Seoul Metropolitan Government without any special reasons as to the customers who were in the relevant place, and threatening them to brut, and making customers who were in the relevant place get out of the place, and prohibiting them from entering the place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 2, 2006);