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(영문) 서울중앙지방법원 2016.07.18 2016고단2818

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on July 30, 2014, due to the obstruction of business in the Sungnam Support of Suwon Friwon.

8.7. The ruling becomes final and conclusive and is currently in suspension of execution.

[2] On May 5, 2016, around 23:00 on May 5, 2016, the Defendant entered the “D” located in Jongno-gu Seoul Metropolitan Government, and, without any justifiable reason, obstructed the entry of customers who want to enter the said restaurant by avoiding disturbance for about 10 minutes in a manner such as putting the victim E (n, 42 years of age), who is an employee of the said restaurant, and taking a bath to “I am I am I am.”, and making the victim feel the Defendant’s noise, continuing to keep the noise, and driving away the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Photographs of the CCTV head office;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. A comprehensive consideration of sentencing factors, such as the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of a crime, circumstances after a crime, health conditions, etc., which can be known as a result of pleadings by the court of this case for the reason of sentencing of sentencing of imprisonment, the pertinent Article of the relevant criminal facts, Article 314(1) of the Criminal Act regarding the choice of punishment, and Article 314(1) of the Criminal Act, and the Defendant’s age, sexual conduct, family relationship, home environment, motive and means of a crime, circumstance after a crime, health conditions, etc. In particular, the Defendant has a history of criminal punishment