beta
(영문) 제주지방법원 2016.02.25 2016고단125

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 20, 2016, the Defendant: (a) around 09:00, at the “E cafeteria” operated by the victim D in a divorce suit in Jeju-si; (b) drinking alcohol to other customers, thereby leading the victim to the other customers; and (c) was not his body or arms in China.

In this restaurant, we can see a boom in the future. Mad, a cafeteria is closed.

No gender shall be neglected.

The death of the person shall be discarded at the end of the death.

From the same day until 18:00 on the same day, customers who read the above restaurant and received the disturbance in the same way and expressed complaints and thrown away the disturbance, thereby obstructing the victim’s cafeteria operation work by force.

2. The Defendant around 10:00 on January 27, 2016, at the “E cafeteria” around 10:0, the Defendant refers to the injured party by having customers take meals, and is the president of the cafeteria, who is the Chinese year.

Chewing or sold years.

In the future, the term "mad. Mad. Mad. Mad. Mad.", which caused disturbance to interfere with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Sentencing criteria;

(a) Class 1 crime (the scope of recommended punishment) (one month to eight months) scope of mitigation (special sentencing factors): In cases where the degree of interference with business is minor, penalty costs are not imposed;

(b) Class 2 Crimes [Scope of Recommendation] Crimes (Interference with Business) and Class 1 (Interference with Business) are mitigated (one month to eight months) [Special Sentencing Persons] mitigated elements: In cases where the degree of interference with business is minor, no penalty shall be imposed.

(c) Application of standards for handling multiple crimes: one month to one year;

2. The defendant who has been sentenced to punishment has been subject to punishment several times in the past, and is the victim.