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(영문) 대구지방법원 2016.11.11 2016고단4079

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution to the Daegu District Court for the crime of interference with business, and the said judgment became final and conclusive on September 20, 2016.

1. 2015. 8. 1. 업무방해 피고인은 2015. 8. 1. 23:00경부터 같은 날 24:00경까지 경산시 B에 있는 피해자 C가 운영하는 D식당에 들어가 술을 주문하려고 하였으나, 피고인이 술이 많이 취한 것을 본 피해자로부터 장사를 하지 않는다는 말을 듣자 “에이 씹할”이라고 욕설을 하고, 상의를 벗어 옷과 지갑을 땅바닥에 던지며 계속하여 “이 씹할 년이, 좃빨 년이”라고 욕설을 하여 겁을 먹은 피해자가 식당 정리를 하지 못하게 함으로써 위력으로 피해자의 식당영업 업무를 방해하였다.

2. On December 11, 2015, the Defendant: (a) from around 23:00 on December 11, 2015 to around 24:00 on the same day, entered G main points operated by the Victim F in Sinsan-si E, and ordered the alcohol; (b) but (c) sought the statement that it would return to a large amount of alcohol from the victim; and (d) took a bath with a large amount of alcohol while drinking; and (c) interfered with the victim’s bar business by force by force by having the customers who were in the main points of the alcohol and take a large amount of alcohol.

3. On March 14, 2016, the Defendant: (a) from around 01:10 on March 14, 2016 to around 01:30 on March 14, 2016, entered a J restaurant operated by the victim I of the victim I in Busan City to order food; (b) heard the victim’s speech that he/she would have to get many customers from the victim; and (c) stated the victim’s speech that “the victim will not be able to engage in funeral services; (d) I will escape from diving and funeral services; and (e) “I will do so at his/her human body, I will do so,” and “I will do so only,” and (e) will interfere with the victim’s restaurant business by force by force by getting customers in the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer against the defendant.