업무방해
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
On August 3, 2017, at around 03:43, the Defendant ordered the victim C's restaurant operated by Dongdaemun-gu Seoul Dongdaemun-gu Seoul, to provide an employee with an influenite alcohol, but the employee, who was aware that the Defendant would not drink any disturbance upon drinking alcohol, was on the wall of several occasions.
Upon receipt of a report, the defendant continued to be dispatched by the police officer, and 06:15, 06:15, a locker or a restaurant enter the parking lot to the employees, and bread the beer inside the parking lot in the cooling house, and was broken off two soldiers of the beer in the beer box in the above parking lot.
The Defendant interfered with the victim’s restaurant business by force as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Act and the background of each of the instant crimes and the patterns of conduct, etc., the Defendant was not less and less subject to punishment due to violent crimes, etc., and the Defendant committed the instant crime without being aware of the punishment even after being subject to suspended sentence on or around January 2012, 2016. Meanwhile, the Defendant led to the instant crime without being aware of the punishment despite being subject to suspended sentence on or around July 2016. On the other hand, the confession and rebuttal of the instant crime, and the Defendant did not want the punishment against the Defendant by mutual agreement with the victim, and taking into account the overall circumstances and guidelines revealed in the records and changes theory of this case, the punishment shall be determined as indicated in the Disposition.