beta
(영문) 서울남부지방법원 2016.08.12 2015고단2782

업무방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 9, 2015, at around 19:30 on July 19, 2015, the Defendant was requested by the other customers to request the other customers to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to d

The purpose of this article is to write off a string of a fake and a dog, and to let customers go to the said restaurant, while making a string of a pursuant to the booming theory, i.e., a string, and a dog.

Accordingly, the Defendant interfered with the victim's restaurant business by force between approximately 30 minutes.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report (the statement, etc. of a wooden person);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area [the scope of the recommended punishment] from June to June of one year and six months; and

2. Circumstances unfavorable to the determination of sentence: The punishment shall be determined as ordered by taking into account the following circumstances: (a) the Defendant committed the instant crime even if he/she was punished several times for the same kind of crime; (b) the degree of damage was not less severe; and (c) the victim was punished against the Defendant and the victim was not recovered from damage; and (d) the circumstances after the commission of the crime; (b) the degree of damage was inflicted upon the Defendant; and (c) other various circumstances, including the Defendant’s age, sex behavior, environment, etc., and the conditions for the sentencing specified in