beta
(영문) 서울동부지방법원 2019.10.14 2019고단2701

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:00 on August 12, 2019, the Defendant: (a) while drunkly drunkd in the “D” operated by the victim C(55 years of age) located in Gangdong-gu Seoul Metropolitan Government; (b) and (c) sought to the said restaurant at around 20:50, the Defendant expressed the victim’s desire to “I will see that I will not be able to serve in the future; (d) I will see that I will be able to do so; (e) I will demand another customer who was in the restaurant for early use; and (e) I would like to call me to “I will be frien, regardless of the inside and outside of the restaurant, I would like to be a superior,” thereby interfering with the victim’s business restaurant business by force by force, such as having the customer go home.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

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

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentencing guidelines [the determination of types of punishment] the scope of business interference [the category 1] the scope of business interference [the person who is a special person] - the elements of mitigation: the scope of reduction [the scope of the recommended area and the recommended punishment] the scope of mitigation area, the range of imprisonment with prison labor for one month to eight months [the general person] - The factors of mitigation: The strong reflectment [the reasons for suspension of execution] - The major reasons for suspension of execution - The person who is not subject to punishment - the general pride: the strong reflectment.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;