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(영문) 서울중앙지방법원 2016.04.29 2016고단1761
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal experience] The Defendant was sentenced to one year of imprisonment by interfering with business affairs by the Seoul Western District Court on May 14, 2015 and completed the execution of the sentence in the Ansan Prison on December 22, 2015.

1. On March 18, 2016, the Defendant committed the crime of March 18, 2016, from around 04:00 to around 04:30 on the same day, the victim D in Gangnam-gu Seoul Metropolitan Government, as an employee, was able to enter the restaurant, thereby interfering with the business of the restaurant by force, on the ground that the victim, while drinking alcohol, she took a bath, and she was laid down on the floor, on the ground that the victim was bread from the floor of the drinking, and she was bread, “the breath of this weather breath, h. (h) of the same year,” and that the victim was breading on the floor. The Defendant interfered with the business of the restaurant by force, by: (a) the victim D, who was in Gangnam-gu Seoul, was bread from around March 18, 2016 to around 04:30.

2. 2016. 3. 23. 자 범행 피고인은 2016. 3. 23. 03:50 경부터 같은 날 04:30 경까지 제 1. 항 기재 장소에서, 술을 마시던 중 갑자기 “ 이런 씨 발 년들. 내가 손님인데 소리 좀 지르면 어 때. 이런 개 같은 년들”, “ 씨 발 년들, 개 같은 년들”, “ 신고만 해봐 라 ”라고 욕설을 하며 테이블을 손으로 치고, 다른 테이블에 앉아 있던 손님들에게 “ 씨 발 년들, 뭘 쳐 다 봐 ”라고 욕설을 하는 등 소란을 피워 그 식당에 들어오려 던 손님들이 들어오지 못하게 함으로써 위력으로 그녀의 식당 영업 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (the date of the crime committed by the suspect), list of cases to be reported, investigation report (the counter investigation of the persons concerned), and investigation report (the CCTV investigation of the generated CCTV);

1. Previous convictions: Inquiries about criminal history, reporting on the results of previous convictions not subject to disposition, and applying Acts and subordinate statutes to reporting criminal investigations ( reporting on confirmation of repeated crimes);

1. Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act, the choice of imprisonment for a crime shall be made.

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