beta
(영문) 수원지방법원 2018.05.09 2018고단1418

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2018, from around 22:30 to 23:30, the Defendant interfered with the victim’s food entertainment business by force by avoiding disturbance, such as intending to open a visit from other customers and passing a sound, while under the influence of alcohol in D operated by the victim C (53 tax) (53) under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of statutes governing the handling of business permits and the 112 reported cases;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June) of the sentencing criteria (no person in special sentencing) (no person in special sentencing) shall interfere with the business of applying the sentencing criteria (the scope of the recommended punishment).

2. Considerations such as the fact that there was a history of punishment for the same criminal record as the sentence was rendered, that no damage was restored, and that the defendant recognized his fault and reflected his fault.