(영문) 인천지방법원 2019.08.22 2019고단2578

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(영문) 인천지방법원 2019.08.22 2019고단2578

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around January 2018, the victim B: (a) around the 1st floor of the victim B (n, 46 years of age) management in Seo-gu Incheon, Seo-gu, Incheon; (b) the victim B was under the influence of alcohol from the D Library to the 1st floor of the D Library; and (c) in spite of the victim’s restraint, the victim B got off the disturbance to the 10 minutes of “sprink,” and caused the users visiting the area to feel inconvenience.

Accordingly, the defendant interfered with the management of the library of the victim by force.

2. On April 1, 2018, at G convenience stores located in the Seo-gu Incheon, Seo-gu, Incheon, the Defendant: (a) took away the goods of the Defendant’s satis from the Defendant’s satise to the victim E (here, 45 years old); and (b) took the Defendant’s satise to the Defendant’s satise to the Defendant’s satise and to the Defendant’s satise at the victim’s request, and (c) prevented customers using the satise from entering the satise by getting out of the satise.

Accordingly, the Defendant interfered with the victim's management by force.

3. Around April 18, 2018, the victim H: (a) around 23:00, the Defendant sent a disturbance to the influence of the victim H (n, 50 years of age) operated in Seo-gu Incheon, Seo-gu, Incheon; and (b) the Defendant sent the disturbance to the non-customers who enter the same place and provide meals to the influences who are under the influence of alcohol, and let them out of the place.

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

4. At around 20:50 on January 31, 2019, the Defendant: (a) stated that the Victim L (n, 43 years old) operated by the Seo-gu Incheon, Seo-gu, Incheon, would be under the influence of alcohol; and (b) stated that “the Victim would be under the influence of alcohol” was “the Victim who received a request from the Victim to get out of the Republic of Korea; and (c) made the Victim out of the Republic of Korea.”

This is a threat of force to the defendant.

유사 판례

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-인천지방법원 2014.12.19 2014고정4109

-서울북부지방법원 2018.10.12 2018고단3016