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(영문) 서울남부지방법원 2016.11.11 2016고단2665

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 01:20 on May 1, 2016, the Defendant appears to be “the operation of a victim E” as stated in the written indictment in light of the 10th page of the evidence records prepared by the victim C in Guro-gu Seoul Metropolitan Government on May 1, 2016, and even if the written indictment is corrected without any amendment to the indictment, it does not seem that the Defendant’s exercise of his/her right to defense would be substantially hindered. Accordingly, the Defendant’s correction ex officio is made.

D “D” restaurant: (a) while under the influence of alcohol, it obstructed the operation of the restaurant for the victim by avoiding disturbance for about 40 minutes, such as 50 minutes of frighted fish, such as “nicked fish with no food,” and shicking the bath while drinking; and (b) by force, it interfered with the operation of the restaurant for the victim.

The Defendant, from around 18:40 on June 5, 2016 to around 19:11, the Defendant: “H” restaurant operated by the victim G (the age of 51) on the first floor of the F building in Guro-gu Seoul Metropolitan Government, “H” without any special reason, led the Defendant to a large voice that “I will be able to see that I will see. I will not conduct business. I will not conduct business.” The Defendant interfered with the victim’s restaurant business by force over about 30 minutes by avoiding disturbance, such as booming the victim’s face with the hand floor.

Summary of Evidence

"2016 Highest 2665"

1. Defendant's legal statement;

1. A written statement of C and I;

1. A report on the field of violence;

1. A investigative report (CCTV verification) 2016 Highest 3552;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the same Act concerning the selection of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (Interference with Business) and the basic area (6 months to 6 months) (special person) of the first-class crime (the scope of recommendation) shall not interfere with business;

B. Type 1 (Interference with Business) (Interference with Business) is the basic area (6 months to 16 months).