beta
(영문) 수원지방법원 안양지원 2018.02.09 2017고단1518

업무방해등

Text

A defendant shall be punished by imprisonment for six 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

『2017 고단 1518』 피고인은 2017. 6. 2. 23:00 경 군포시 B 소재 피해자 C이 운영하는 ‘D 식당 '에서 술을 먹던 중 아무런 이유 없이 테이블 위에 놓여 있는 휴지 통과 스테인레스 통을 손으로 들어 테이블에 수회 내리치고, 계속하여 다른 테이블에 있던 손님들의 옆자리에 앉아 ‘ 쌥새 끼, 개새끼 ’라고 욕설하는 등 소란을 피워 그 손님들이 가게에서 나가게 함으로써 위력으로 피해자의 식당 영업 업무를 방해하였다.

The Defendant, on November 22, 2017, 2017, 16:50 on 16:50 on 16:22, 2017, 1:28, 28, 1:50 on 16:50, 200, 1:0 on 16:50, 28:0 on 1.0, 201, 2:00, 2256 on 1.0, 201, 2: (a) the victim E was placed at the intersection in front of the Gyeong-si Station, and was

Summary of Evidence

"2017 Highest 1518"

1. Statement by the defendant in court;

1. Protocol of the police statement to C 2017 Highest 2256;

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographic records (on the face of a crime, prior to a crime);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of sentencing under the sentencing guidelines] 1 - Crimes (Obstruction of Business) - Crimes (Obstruction of Business) 2 in the basic area of Type 1 (Crime 1 to June 1) (Crime 2) (Crime 1 to June) (Crime 2) in the mitigated area of category 2 (General thief) in respect of general property - The mitigated area of special mitigation (4 to October 10): The final sentencing area due to the aggravation of punishment by the aggravation of punishment by the number of total offenders: 6 months to 11 months [Pronouncement Decision] - The unfavorable circumstances: the defendant's mistake is recognized in both cases and reflects the fact.