(영문) 인천지방법원 2016.06.24 2016고단2927

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(영문) 인천지방법원 2016.06.24 2016고단2927

업무방해

Text

A defendant shall be punished by imprisonment for six 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

On March 29, 2016, from around 03:30 to 03:45 on the same day, the Defendant: (a) was asked to request the victim B to leave from the damaged party, and (b) took a bath to the victim’s “years of slowly cutting off and drinking,” and (c) interfered with the victim’s restaurant business by force, by exposing the disturbance, such as cutting off the table on the side table, cutting off the customer E, who was a guest E, who was in a tobacco relationship from around 03:30 to around 03:45 on the same day, in which the victim B works as an employee; and (d) having been asked to request the victim to leave from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [type of decision] : (a) interference with business affairs / [the scope of the recommended field] basic area / [the scope of business interference] / June / one year and six months / [the decision of sentence] Defendant continued to find the victim at the victim without any different reason, and thus, the victim’s loss is deemed to be reasonable, under the circumstances unfavorable to the Defendant; (b) however, the situation where the victim was not punished against the Defendant; and (c) other factors such as the motive and circumstance leading to the instant crime; (d) circumstances before and after the commission of the crime; (e) the Defendant’s age; and (e) family environment; and (e) the sentencing conditions as set forth in the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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