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(영문) 의정부지방법원 고양지원 2019.06.13 2019고단1143

업무방해

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 15:00 on April 23, 2019, the Defendant: (a) visited the said restaurant at the “D” restaurant operated by the victim C in Goyang-gu, Soyang-gu; (b) ordered the victim to drink, and (c) obstructed the victim’s duties by force during four hours of operation by force, such as: (a) directly taking the alcohol in the cooling house and drinking it to the victim; (b) continuously gathering the alcohol on the part of the victim; (c) gathering tobacco but gathering the cigarette on the restaurant floor after smoking; and (d) having other customers come out of the restaurant; and (c) having other customers go out of the restaurant; and (d) having other customers unable to enter the restaurant by taking the front of the entrance; and (d) interfere with the victim’s duties by force.

2. 피고인은 2019. 4. 25. 12:30경 제1항 기재 장소에서, 만취한 상태로 위 식당을 찾아가 피해자 C에게 ‘씹할 년아 술이나 줘’라고 욕설을 하면서 테이블을 발로 걷어차고, 피해자를 따라 주방 안으로 들어 가 ‘야, 씹할 술 달라니까 왜 안줘’라고 소리를 지르고, 옆 테이블에 앉아 있던 손님에게 ‘씹할 년아 뭘 쳐다봐 ’라고 욕설을 하는 등 약 20분간 위력으로 피해자의 식당 운영 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to each investigation report (F testimonys by the victim and hearing statements by the victim);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Each type of interference with business;