업무방해
Acquittal of the accused shall be acquitted.
1. The summary of the facts charged was as follows: (a) from around 15:00 on May 19, 2012 to around 24:00 on May 19, 2012, the Defendant, by force, prevented customers from entering the victim’s business place by avoiding disturbance, such as pressing, breaking, drinking, etc., on the access road of the victim D’s access road located in Tong, located in Tong Young-si from around 15:00 on the same day; and (b) prevented them from entering the victim’s business.
2. According to the records, on October 18, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by this court (2012 high-level 466, 467, 667, and 667) and the above judgment became final and conclusive around that time. The facts constituting the crime include the following facts: “The Defendant, from May 19, 15:00 to 20:00 on the G restaurant operated by the victim FF in Tong Young-si, through through Tong Young-si, from May 19, 2012, at the victim FF from May 19, 2012 to 20:5, 50 plastic boxes stored adjacent to the victim’s restaurant under the influence of alcohol, which interfered with the victim’s restaurant business by force by avoiding disturbance in front of the victim’s restaurant; the Defendant was a store located in the F-Operation G restaurant and the victim D building in the instant case; and the Defendant was using the entrance outside the entrance.
According to the above facts, the crime of interference with business for which judgment became final and conclusive and the crime of interference with business of which prosecution was instituted in this case has been interfered with the duties of two victims at the same time by one act of the defendant.
Therefore, the effect of the judgment already finalized extends to the facts charged in this case.
Ultimately, the above facts charged constitute a final judgment, and thus, a judgment of acquittal is rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.