beta
(영문) 창원지방법원 마산지원 2019.02.19 2018고단1227

업무방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 23, 2018, at the convenience store located in Changwon-si, Changwon-si, Masan-si, 05:42, the Defendant: (a) avoided tobacco while drunk and returned to the convenience store; (b) Had the victim D, an employee of the above convenience store, talked with the victim’s her desire to talk with it; (c) Had the victim “I am out of the above convenience store; (d) I am back to the above convenience store; and (e) again, she returned back to the above convenience store.”

Therefore, when the victim said that he would report 112, the Defendant got out of the above convenience store, and the Defendant again returned to the above convenience store, and she wanted to die, but he did not have any disturbance, such as taking the victim's neck one time by hand and threatening him to bris off in the cooling house.

Accordingly, the defendant interfered with the victim's convenience store business by force.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of CCTV images at a place of crime);

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The former part of Article 62-2 (1) and main sentence of Article 62-2 (2) of the Criminal Act;