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(영문) 전주지방법원 2015.10.28 2015고단1338

업무방해

Text

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

However, 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

At around 17:30 on February 5, 2015, the Defendant interfered with the victim’s restaurant business more than eight times in total, including interference with the victim’s restaurant business by force, on eight occasions, as indicated in the list of crimes in the attached list of crimes, by preventing customers from entering the above restaurant, who had drinking in the above restaurant without any reason, from entering the restaurant, by avoiding disturbance, such as making drinking in the restaurant, to E, a guest who had drinking in the above restaurant, without any reason, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement regarding C;

1. D deposit calendar photographs and field photographs;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 314 of the Criminal Act and the choice of punishment for the crime, Article 314 of the Criminal Act 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. Article 62 (1) of the Criminal Act;

1. The range of final sentence according to the aggravation of multiple crimes with no basic area (referring to six to one year and six months), the basic area (referring to six to one year and six months) of punishment (referring to the scope of recommendation), the basic area (referring to six to one year and six months), the basic area (referring to six to one year and six months), the basic area (referring to the scope of recommendation), the basic area (referring to six to one year and six months), the scope of a special person) of punishment (referring to six to one year and six months), the basic area (referring to the scope of recommendation), the basic area (referring to six to one year and one six months) of punishment (referring to a special person) of punishment) of punishment for sentencing under Article 62-2 of the Criminal Act: 8 months to nine months; 2 years of imprisonment for suspended execution; 2 years of suspension of execution; in light of the period, frequency, methods, and contents of the crime in this case; and 3 years of punishment for the defendant, even though the victim suffered considerable damage due to his act, the defendant committed the crime in this case.