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(영문) 부산지방법원 2017.04.21 2017고단282

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

1. On December 24, 2016, the Defendant: (a) obstructed the victim’s main business of “D” located in Busan Northern-gu, Busan, by drinking in the main shop (Operation of Victim E (A) and engaging in the conduct of drinking time, such as having the other table customers enjoy drinking several times; (b) even if the victim continued to stop several times, he/she obstructed the victim’s main business, such as having the other customers go to go to the said main shop, and allowing the other customers go to go to go to the said main shop.

2. The Defendant damaged property, at the time and place specified in the above paragraph 1, the Defendant: (a) allowed customers who drink on other tables, but not drinking on the ground that he was allowed to drink, and (b) was bad, and (c) returned to be a beer bottle where he performed drinking; and (d) destroyed the te table glass owned by the Victim (market price equivalent to KRW 150,000).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes to internal reports and photographs;

1. Relevant Article 314(1) of the Criminal Act concerning the crime and the choice of punishment, and the choice of imprisonment under Article 366 of the Criminal Act;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, in cases of crimes 1 (Interference with Duties) (Scope of Recommendation) for the reasons of sentencing under Article 62(1) of the Criminal Act and Article 62(2) [the scope of the Recommendation] for the mitigation area (including one month to eight months) for the mitigation area (including a serious effort to recover damage), Article 51 of the Criminal Act), Article 52(1) for the mitigation area (including one month to six months), Article 62(1) for the mitigation area (including property damage, etc.) for the mitigation area (including one month to six months), Article 62(1) for the mitigation area of punishment (including a serious effort to recover damage), Article 62(1) of the Criminal Act for the mitigation of punishment, the scope of the final punishment according to the aggravation of multiple crimes: From January to November (Pronouncement Decision] within the above final sentencing scope under the sentencing criteria; Article 51 of the Criminal Act, such as the defendant's previous convictions up to eight times;