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(영문) 창원지방법원 2016.08.24 2016고단566

업무방해

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:00 on March 10, 2016, the Defendant “2016 Madro 566”, without a clear reason, she drinks to customers who drink alcoholic beverages on other tables at D Scki in Kimhae-si, operated by the Victim B, and who drinks alcoholic beverages on other tables. The Defendant she as soon as possible, she frights to drink alcoholic beverages on a variety of 2,000 foots.

It interfered with the victim's Schlage's business by force for about 2 hours in which customers drive away by avoiding disturbance, such as 's large interest', etc.

The Defendant, around 10:20 on February 22, 2016, 2016, called “F in Kimhae-si E” to the victim G who is the owner of the business at the place. However, on the ground of the refusal of the request, the Defendant: (a) provided the victim G with the alcohol for about 10 minutes, such as “the humping,” “the humbling,” and the humb of “the humping,” thereby obstructing the victim’s restaurant operation for about 10 minutes.

The Defendant, around December 11, 2015, was under the influence of alcohol to the victim B's D's operation in Kim Sea C around 08:20 on December 11, 2015, and the location of the Defendant, “I wish to do so,” to customers and neighboring residents;

The age refers to a large lux, "I am dead," and it interfered with the growing operation of the female by force by avoiding disturbances for about one hour, such as lyings on the floor of Schlage.

Summary of Evidence

"2016 Highest 566"

1. Statement by the defendant in court;

1. Protocol of the police statement with regard to B "2016 Highest 1629";

1. Statement by the defendant in court;

1. G's written statement "2016 Height 1798";

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

1. Article 314 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of punishment for 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. As to interference with each of the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Criminal Act (the scope of recommendations] interference with the business, the scope of punishment shall be limited to the mitigated area (one month to eight months) (including a person with special mitigation), which is not subject to punishment (including a serious effort to recover damage).