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(영문) 부산지방법원 2016.04.07 2015고단7635

업무방해

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

Defendant,

1. On October 14, 2014, around 02:00, at the “D” restaurant operated by the Victim C (38 tax) located in Busan Northern-gu, Busan-do (hereinafter “D”), 11,000 won in total, including alcoholic beverages and alcoholic beverages, etc., and, at around 20 minutes, he interferes with the victim’s restaurant business by force by avoiding disturbance for about 20 minutes, such as:

2. On October 20, 2014, around 21:10, the “G Smarket” operated by the Victim F (58 tax) located in Busan Northern-gu E (58 tax) prevents the victim’s Schlage business by force by avoiding disturbance for about 20 minutes, including: (a) flying off the goods displayed therein without any reason, and taking a bath to the victim; (b) obstructing the victim’s Schlage business by force;

3. On November 21, 2014, around 23:30 on November 21, 2014, at the subway J’s service office, where the victim I (50) located in Busan H (50) works, the victim’s disturbance is obstructed by force by avoiding disturbance for about 20 minutes, including:

4. On December 11, 2014, around 19:00, the “M cafeteria” operated by the victim L (n, 60 years of age) located in the Busan Northern-gu, Busan, obstructed the victim’s restaurant business by force by avoiding disturbance for about 30 minutes, including her hinginginginging to the victim and drinking to the victim without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C, F, I, and L;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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 stay of execution (The degree of reflection, damage, etc.);

1. The Defendant alleged to the effect that he was in a state of mental and physical weakness under the influence of alcohol at the time of committing each of the instant crimes. As such, the Defendant’s assertion regarding the order to attend a lecture and the order to provide community service order was based on the aforementioned evidence, and the degree of the Defendant’s drinking at the time of committing each of the instant crimes, the background and means of committing each of the instant crimes