Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2016 Highest 165] The Defendant, from February 1, 2016 to February 17:50, 2016, at the D convenience store located in Ansan-si C in Ansan-si, Annyang-si, without any reason, thrown away inside the land to E, who is an employee of the above convenience store, without any reason.
It was difficult to avoid disturbance, such as putting “A” sound, taking a bath, eating a person with a convenience store without calculating, and prohibiting customers who were entering the convenience store from entering the convenience store.
Accordingly, the defendant interfered with the victim's convenience store business by force.
[2016 Highest 194]
1. 사기 피고인은 2016. 2. 19. 18:40 경 안양시 만안구 F에 있는 피해자 G이 운영하는 ‘H 중화요리 ’에서 사실은 음식값을 지불할 의사가 없음에도 음식값을 지불할 듯이 위 피해자에게 짬뽕 1 그릇, 소주 1 병 등을 주문하여 이에 속은 피해 자로부터 합계 12,000원 상당의 음식과 술을 교부 받았다.
2. Around 19:00 on February 19, 2016, the Defendant obstructed the victim’s restaurant business by force over about 40 minutes, by under the influence of alcohol, on the grounds that the said victim calculated the food value and applied for a change. As such, the Defendant: (a) took a bath to the victim several times; and (b) took a look at the other customers; and (c) threatening the victim to take a bath to the victim; and (d) threatening the face by drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes of E;
1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment, respectively, for the crime;
1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations in the sentencing guidelines] - Interference with business affairs (for victim E), interference with business affairs (for interference with business affairs) - the basic area (for June to June to June).