업무방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 29, 2016, at around 23:50, the Defendant ordered Da’s “D” operated by the victim C (WW, 57 years of age) in the Cheongsong-gun B (W), and ordered 40,000 won per disease (5,00 won per disease) and 40,000 won per week (20,000 won) to drink, and considered that the above victim would pay the drinking value, and there is a dispute with the victim that the above victim would suffer from a defective drinking value, and that the victim would pay the drinking value, and that the victim would take a humping, “the humth, humo, death, death,” and that the victim would take a humba for about 20 minutes by force, such as following the humb, and then the victim’s humba by force.
The main business affairs were obstructed.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to investigation reports (as regards the scene of damage);
1. Article 314 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The mitigated area (one to eight months) [Special Mitigation] [the decision of sentence] imprisonment with prison labor for six months, suspension of execution one year, and 80 hours to the accused of the community service order, and the records of punishment for interference with business are also two times, so it is inevitable to punish the accused.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant recognized his mistake and reflects, that the victim did not want the punishment of the defendant in consultation with the victim, and that the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, etc.