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(영문) 창원지방법원 2020.06.12 2020고단712

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

At around 02:30 on February 17, 2020, the Defendant 2020-Ma712, the Defendant, while taking a bath through a large voice between approximately 30 minutes in the state of drinking and drinking among customers, who are in another table of table of table of table of class of table of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of

Accordingly, the defendant interfered with the victim's restaurant business by force.

On February 27, 2020, the Defendant: (a) around 19:50 on 19:50 on 27, 2020, the Defendant: (b) took a bath to the customers on other tables for about one hour under the influence of alcohol in the “G cafeteria operated by the victim F of the victim F in Kimhae-si; (c) took a heavy bath to the customers on other tables without any particular reason; (d) the victim was able to take a heavy bath to the victim; and (e) the victim was able to take a heavy bath to the victim; and (e) the Defendant was able to take a bath due to a alcohol disease.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

[200 Highest 712]

1. Statement by the defendant in court;

1. Statement of the police concerning C (2020 order712);

1. Statement by the defendant in court;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

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

1. Article 62 (1) of the Criminal Act;

1. Criteria for sentencing on the grounds of sentencing under Article 62-2 of the Criminal Act, including probation and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) [Determination of Punishment] Crimes of Interference with Business / [Type 1] There is no interference with business / [the scope of recommendation field and recommendation range] [the scope of recommendation field and recommendation range] basic field, imprisonment for six months through one year and six months [no general person];

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Interference with Business, [Type 1] Interference with Business] (No person who is a special person].