업무방해
The punishment of defendants shall be six months.
Punishment of the crime
On April 13, 2017, the Defendant was sentenced to one year of suspension of execution on the part of the Seoul Eastern District Court for interference with business affairs. The judgment became final and conclusive on April 21, 2017, and on May 12, 2017, the Seoul Northern District Court was sentenced to two years of suspension of execution on the part of six months of imprisonment for the same crime. The judgment became final and conclusive on May 20, 2017.
On August 19, 2017, the Defendant, within the “D” restaurant operated by C in Jung-gu Seoul Metropolitan Government, on August 19, 2017, and around 40 minutes of the disturbance, the Defendant, while drunk alone, took a bath and walking to the kitchen where the other customers are employed, led to the disturbance of the disturbance for about 40 minutes.
The Defendant interfered with the victim C’s restaurant business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Investigation report (verification of employee E's statement);
1. Criminal history: Application of inquiry letter, investigation report (report on confirmation of the same criminal history as the suspect) and statutes;
1. Determination of a punishment under Article 314 (1) of the Criminal Act, which is prescribed by the law on criminal facts;
1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;
2. Decision of punishment: to recognize errors;
The imprisonment, suspension of execution, and fine are three times.
No injured person shall be punished.
It seems that the degree of interference with business is not very severe.
That is so.
It is also a crime of the same contents or two times before the end of 3 to 4 months, which was committed again while being suspended.
Before that, there is also a fact that a fine was imposed due to the same crime.
Abbsent alcoholic beverages
However, it seems that there is a need for strict punishment for the defendant who is unfolding of the same crime.