beta
(영문) 부산지방법원 동부지원 2015.11.11 2015고단1551

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 becomes final and conclusive.

Reasons

Punishment of the crime

around 22:00 on August 27, 2015, the Defendant: (a) entered the main points of “D” operated by the victim C (the 43-year-old), located in Busan District captain B; and (b) obstructed the victim’s operation of the restaurant by force by avoiding disturbance for about 50 minutes. However, the Defendant: (a) allowed the victim to drink, but the victim was making a drinking on the ground that the victim was refusing to do so; (b) reported to 12 as follows: (c) “I do not have to do so; (d) I want to have a restaurant business license; and (e) the Defendant obstructed the victim’s operation of the restaurant by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Article 62 (1) of the Criminal Act (limited to the poorness of a crime, but considering reflect, agreement, etc.);

1. Social service order under Article 62-2 of the Criminal Act;