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(영문) 서울동부지방법원 2018.01.24 2017고단3730

업무방해

Text

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

Reasons

Punishment of the crime

[2017 Highest 3730] On November 12, 2017, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance, such as friencing, friencing, etc., about 30 minutes of alcohol at the cafeteria operated by the victim C (V, 35 years of age) in Gangdong-gu Seoul Metropolitan Government B’s cafeteria.

[2017 Highest 3975] From around 04:00 to around 07:20 on November 16, 2017, the Defendant obstructed the victim’s restaurant business by force for about 3 hours and 20 minutes, by allowing customers, who take meals on the upper table table, to take a warning and talk with the “F cafeteria” operated by the victim E (51) located in Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as the “F cafeteria”); and by allowing customers, who take the meals on the upper table table, to walk up for time and walk up to a large amount of interest, thereby interfering with the victim’s restaurant business.

Summary of Evidence

[2017 Highest 3730]

1. Statement by the defendant in court;

1. C Statement [2017 order 3975];

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol;

1. Each penal provision Article 314 (1) of the Criminal Act and each choice of imprisonment;

1. Results of the sentencing of Articles 37 and 38 of the Criminal Act that aggravated concurrent crimes [the scope of punishment] The grounds for sentencing of Article 37 and Article 38 shall interfere with the business, and shall interfere with the basic field [the scope of punishment] of Type 1 [the decision in the sphere of recommendation] [the scope of punishment] from June to June 2], the basic field of crime [the scope of punishment] from June to June 2], the scope of business interference [the special sentencing person] - The mitigation area of E [the scope of recommendation] mitigation area of E [the scope of punishment] from January to August [the final sentencing area] [the scope of punishment [the final sentencing range of 1/2] multiple concurrent crimes [the maximum of 1/10 of the maximum of 2 crimes]. In the case where the defendant acted in six months to 10 months [the decision of sentencing], the defendant ordered alcohol and food at a restaurant or a main place, interfere with his business by obstructing the police officer from drinking and drinking, and upon receiving a report to the police officer assigned to the police officer during his waiting and assigned to Korea.