beta
(영문) 전주지방법원 2020.02.13 2019고단1746

업무방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 14, 2017, the Defendant sentenced eight months to imprisonment with labor at the Jeonju District Court for the crime of interference with business, etc., and completed the execution of the sentence in the military prison on January 30, 2018.

On September 19, 2019, at around 16:35, the Defendant, at the “Dju shop” operated by the victim C in Kim Jong-si, expressed the intent to female customers who drink alcohol, such as “Chewing, seeing, and drinking,” and expressed the victim’s remarks, such as “hinging, drinking, and seeing,” and hinginginging the victim to “hinging, hinginging, hinging, hinginging, etc..., that the victim would have to be unable to perform funeral.” It was difficult for the Defendant to avoid disturbance for about one hour.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on occurrence of a disaster;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation status (power of repeated crime and the same kind of power);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] interference with business affairs [Type 1] interference with business affairs (including a special person): Reduction element of punishment (including a serious effort to recover damage): Where the method of punishment is extremely poor, the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendation], the area of aggravation of punishment, one to three years and six months of imprisonment.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

In the past, there has been a history of punishment for the same crime several times, and even though the repeated crime of this case is being committed for the same crime, the crime of this case is committed again, and the victim, customers, etc. are able to take a decent bath for about one hour, and avoid disturbance.