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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 15, 2015, the Defendant was sentenced to the suspension of the execution of six months in Seoul Eastern District Court on the grounds of interference with business affairs, and on January 23, 2015, the said judgment became final and conclusive and is still under the suspension of execution.
Criminal facts
[2016 Highest 1174]
1. 업무 방해 피고인은 2016. 1. 25. 23:00 경부터 같은 날 23:30 경까지 광주시 K에 있는 피해자 L이 관리하는 ‘M’ 음식점에서 술에 취하여 다른 손님들에게 “ 뭘 쳐다봐. ”라고 소리를 지르고 욕설을 하며 시비를 걸고, 피해자에게 “ 칼 가져와 라. ”라고 소리를 지르고 숟가락과 물 컵을 집어 던지는 등으로 행패를 부려 손님들을 나가게 하였다.
Accordingly, the Defendant interfered with the victim's restaurant business by force between about 30 minutes as above.
2. The Defendant, at the above date and place of assault, had a victim’s N(28) with a net hand who seeks to complete meals, was pushed down with the victim.
Accordingly, the Defendant committed assault against the victim as above.
[2016 Highest 1694] From April 24, 2016 to around 01:57 on the same day, the Defendant took care of about 30 minutes for customers on the ground that his/her father and wife were paid to school and were in attendance at school.
Accordingly, the defendant interfered with the victim's restaurant business by force.
Summary of Evidence
[2016 Highest 1174]
1. Statement by the defendant in court;
1. Statement made by the police with respect to the N;
1. Written statements (2016 Height 1694);
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to a reply to inquiry, such as a statement made by the police with respect to P [before judgment] criminal history, and a report on investigation (prior confirmation of the previous record
1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 314 (2) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The sentencing criteria;