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(영문) 서울남부지방법원 2016.07.27 2015고단4487
업무방해
Text

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

Reasons

Punishment of the crime

[criminal records] On January 30, 2015, the Defendant was sentenced to six months of imprisonment by obstructing business operations at the Seoul Southern District Court, and completed the execution of the sentence on July 25, 2015.

[2] Criminal facts [2015 Highest 4487] around October 12, 2015, the Defendant, at the D convenience store located in Guro-gu Seoul Metropolitan Government, expressed a desire twice to the victim E (28 years of age) who is an employee, and made customers in the convenience store feel out of the convenience store and interfere with the victim’s convenience store business by force.

[2016 Highest 2377]

1. On August 2015, the Defendant interfered with the victim’s restaurant operation by: (a) preventing the Defendant from drinking in the H restaurant operated by the victim G in Guro-gu Seoul Metropolitan Government at around 15:0 to 17:00 on August 2015; and (b) failing to provide meals to many unspecified restaurant customers; and (c) having the Defendant take a bath at the H restaurant operated by the victim G in Guro-gu Seoul Metropolitan Government.

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

2. The Defendant, on May 30, 2016, committed around May 30, 2016, under the influence of alcohol at the places indicated in paragraph (1) around 14:25 around May 30, 2016, and thrown away this dog, with the death of an unspecified restaurant.

For about 40 minutes, it interfered with the victim I's restaurant business, who is an employee of the above restaurant, by avoiding the disturbance, and making the customers leave the above restaurant without calculating it.

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

Summary of Evidence

[2015 Highest 4487]

1. Statement by the defendant in court;

1. A written statement of E [2016 order 2377];

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written G Preparation (criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Court rulings;

1. Application of Acts and subordinate statutes on the current status of individual reduction and expropriation;

1. Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

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