beta
(영문) 서울북부지방법원 2017.04.13 2017고단448

업무방해등

Text

Defendant

The punishment of A shall be 8 months of imprisonment and that of Defendant B shall be 6 months of imprisonment.

Defendant

B This decision is rendered against B.

Reasons

Punishment of the crime

1. On February 2, 2017, at around 22:30, the Defendants of the joint crime drinked alcohol at “F” entertainment points operated by E (60) located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “F”), Defendant A was unable to sing and singing customers with singing above the stage, and Defendant A was able to avoid disturbance, such as: (a) strawphones in front of the stage were put on the floor; (b) strawphones in front of the stage were put on the floor; (c) Defendant B d hing the vision while hinging him at the floor while hinging him; and (d) Defendant B h h h d h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, and h h h h h h h h

The Defendants conspired and interfered with the victim E’s main business by force.

2. Defendant A: (a) as above, Defendant A had the disturbance avoided; (b) laid E’s colorphones on the floor; and (c) approximately one million won of repair cost was driven by colorphones to the extent of the repair cost.

The defendant damaged the victim E's colorphone.

3. The Defendant B, as seen above, threatened the disturbance with A, and the Defendant B, at around 23:27 of the same day, expressed a bath to G (54 tax) and boomed the beer’s disease.

The Defendant threatened the victim G with beer's disease, which is a dangerous object.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Statement made by the police for E;

1. Application of investigation reports (victim G telephone conversations), (victim E and report on confirmation of damage) Acts and subordinate statutes;

1. Articles 314(1), 366, 284, 283(1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Protection and observation and determination of punishment under Article 62-2 of the Criminal Act on community service order;

1. Recommendation of the sentencing criteria: Defendant A (from January to November), and Defendant B (the minimum imprisonment of one month);

2. Determination of penalty: Mistake;