(영문) 수원지방법원 안산지원 2016.04.15 2015고단4018

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자간(%)

(영문) 수원지방법원 안산지원 2016.04.15 2015고단4018

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 17, 2015, the Defendant: (a) 15:30 on September 17, 2015, the Defendant: (b) heard the victim’s desire to take a part in the restaurant operated by the victim D while drinking one and drinking alcohol, etc.; (c) hing the victim’s desire to take part in the disturbance; (d) hing the victim’s desire to take part in the disturbance; and (e) hinging the victim, the police continued to take part in the disturbance, refusing to take part in the disturbance, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Each legal statement of witness D and E;

1. The defendant and his defense counsel asserted that the damage statement of D is no longer likely to cause DNA desire or obstruct D's restaurant business.

The following circumstances acknowledged by each of the above evidence, i.e., the victim D consistently made a statement to the effect that the police was interfered with the restaurant business by drinking alcohol at the restaurant in the judgment of the defendant, bringing customers to a large voice, leaving the restaurant in the judgment of the customers, etc., and ii) the witness E, who was eating food on the other table of the restaurant in the judgment of the court, was unable to talk very roughly, i.e., the Defendant’s desire to attract customers, and the police assigned to restrain the Defendant, and the cafeteria was also called the restaurant in his own judgment.

There is a statement, 3) there is a call between the Defendant and the East that had been drinking together by the investigative agency.

In full view of the fact that the defendant made a statement at least in the restaurant in the holding, it can be sufficiently recognized that the defendant has obstructed the victim's restaurant business by abusing his/her desire in the restaurant in the judgment of the court, and the defendant and his/her defense counsel's assertion is without merit).

1. Article 314 of the Criminal Act applicable to the facts constituting an offense and Article 314 of the Criminal Act that selects a sentence.

참조조문

-형법 제314조 제1항

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