beta
(영문) 서울중앙지방법원 2019.02.22 2019고단248

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 27, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business at the Jung-gu District Court on April 18, 2018, and the execution of the sentence was terminated on August 18, 2018. On August 23, 2018, the judgment was finalized on February 14, 2019.

【Criminal Facts】

around 02:30 on December 25, 2018, the Defendant received a disposition of notification pursuant to the Punishment of Minor Offenses Act on the ground that the Defendant did not pay KRW 29,000 of meal expenses at the D restaurant operated by the victim C (Nam, 47 years of age) in Jongno-gu Seoul Metropolitan Government.

At around 04:22 on the same day, the Defendant: (a) sought a restaurant again and received such notification as above; (b) obstructed the victim’s restaurant business for about 13 minutes by force by taking into account that employees and customers in the restaurant were able to gather their awareness and talking; and (c) received such notification.

Summary of Evidence

1. Defendant’s legal statement

1. A C statement;

1. The application of Acts and subordinate statutes of the Investigation Report (No. 12,13)

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;