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(영문) 서울남부지방법원 2016.09.23 2016고단2790

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 12, 2016 to June 19:20 on June 12, 2016, the Defendant: (a) opened a restaurant operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government from around 19:20 to around 19:50 on the same day; (b) opened a restaurant with panty only under the influence of alcohol; (c) shown the attitude of dusting on the floor of coffee; and (d) made it impossible for customers, who had entered a disturbance, such as a scromatic car, to enter the scrof, who had been frighted.

As such, the Defendant, by force, interfered with the victim’s operation of the restaurant by approximately 30 minutes.

"2016 Highest 3376"

1. On June 15, 2016, at around 21:40, the Defendant ordered alcohol and food from G restaurants operated by the Victim F in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to pay the amount to employees H, while driving as if he would pay the amount.

However, the defendant did not have any intention or ability to pay the price even if he received food from H due to the lack of money in water.

The Defendant was provided with alcohol and food equivalent to the market price of KRW 9,00 from H, and acquired pecuniary benefits equivalent to the same amount.

2. On June 15, 2016, from around 21:40 to 22:20, the Defendant: (a) was able to avoid disturbance for about 40 minutes, such as: (b) the Defendant was placed on the G restaurant as described in the foregoing paragraph (1); (c) without any reason, on the floor; and (d) putting other customers in the restaurant at the restaurant with the intent of “sprinke”, etc.; and (c) threatening other customers to take food without drinking.

As such, the Defendant interfered with the victim H’s restaurant business by force.

Summary of Evidence

[2016 Highest 2790]

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (Attachment of a written agreement) and a written agreement (2016 order, 376);

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. The written statement of the defendant;

1. A H statement;

1. Investigation reports (verification of preceding previous convictions and contents thereof), and application of Acts and subordinate statutes of summary order;

1. Article 314(1) of the Criminal Act (the point of interference with each business and the choice of imprisonment) as to the facts constituting an offense, and Article 314(1) of the Criminal Act as to the choice of punishment.