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(영문) 서울남부지방법원 2017.03.09 2016고단5987

업무방해

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

around November 29, 2016, the Defendant: (a) around 18:35, 2016, the Defendant: (b) up to November 29, 2016, on the ground that the Victim D, operated by Geumcheon-gu Seoul, would drink and drink in the “E” restaurant; and (c) on the ground that it is not known that the table table of the Ap own restaurant was frighted, the customers, who carried out meals, such as the food and the house-to-house, kept on the table of the Ap own restaurant, have the house-to-house cut out of the restaurant.

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

『2016 고단 6179』 피고인은 2016. 12. 11. 18:00 경 서울 구로구 F에 있는 피해자 G(56 세) 운영의 ‘H’ 식당에서, 술에 취한 상태로 아무런 이유도 없이 큰 소리로 욕설을 하고, 피해자에게 “ 맞짱을 뜨자, 맞짱을 뜨지 않으려 면 무릎을 꿇어 라 ”라고 말하면서 주먹으로 가슴을 2회 때리고, 양손으로 멱살을 잡아 흔드는 등 약 2 시간 30분 동안 위력으로 피해자의 식당 영업을 방해하였다.

Summary of Evidence

[2016 Highest 5987]

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. On-site photographs and investigation reports (specific victim);

1. Statement by the defendant in court;

1. A written statement of the G production;

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

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Agreement with the victims;

(k) Unfavorable circumstances: A person who has been punished by a fine on several occasions by interfering with business affairs;

An occupation.0 Other circumstances, such as the degree of interference with business, the criminal record and relationship of the defendant, the means of crime, and the consequences, shall be taken into consideration.