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(영문) 서울중앙지방법원 2017.05.02 2017고단173
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

『2017 고단 173』 피고인은 2016. 12. 12. 01:40 경 피해자 C이 운영하고 있는 서울 서초구 D에 있는 ‘E 포장마차’ 술집에서 아무런 이유 없이 위 술집에서 술을 마시고 있는 F 등 다른 손님들에게 삿대질을 하면서 ‘ 씨 발년’, ‘ 썅 년’ 등의 욕설을 하는 등 소란을 피워 위 손님들을 술집에서 나가게 하는 등 위력으로 피해자의 술집 영업 업무를 방해하였다.

On February 16, 2017, the Defendant: (a) around 23:10 on February 16, 2017, at the “I” restaurant for the operation of the Victim H in Gangnam-gu Seoul Metropolitan Government, and (b) on the ground that “I would be able to the other customers because there is any other customers,” among the victims under the influence of alcohol, the Defendant saw the glass residues on the table of the table, string, string, and string, the Defendant 2017 at the bottom, and the victim shicked, “I want to see all the 25 minutes, such as taking a bath at a single time, and let the customers who drink alcoholic beverages at the same place.”

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

Summary of Evidence

"2017 Highest 173"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The F's statement "2017 senior group 1817";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Crimes No. 1 in the sentencing guidelines [the scope of the recommended punishment] Crimes No. 2 in the basic area (6 months to 1 year and 6 months) (the scope of the recommended punishment] of No. 1 in the basic area (the scope of the recommendation punishment) (the scope of the recommendation punishment) (6 months to 1 year and 6 months) of the basic area (the scope of the recommendation punishment) (the scope of the recommendation punishment) of No. 1 in the basic area (the scope of the recommendation punishment) [the scope of the final sentence due to the increase of the punishment by no person who is subject to

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