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(영문) 서울북부지방법원 2019.11.29 2019고단3814
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 19, 2019: around 04:10, the Defendant was unable to bring a disturbance for about one hour, such as suspending meals and allowing customers who have provided meals in the above restaurant to get out of the restaurant, on the following grounds: “D” operated by the victim C(39 years of age) in the name of “D”; “D” in the middle of a mixed drinking; and “d” in the middle of a congested drinking; and in the middle of a request to refrain from drinking, the Defendant was unable to bring a disturbance for about 1 hour, such as having the customers, who have provided meals in the above restaurant, stop eating and take out.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 314(1) of the Criminal Act applicable to criminal facts, Article 314(1) of the Criminal Act of the choice of punishment, the reason for sentencing sentencing of imprisonment with prison labor appears to reflect the Defendant’s mistake in recognizing the crime of this case, under the agreement with the victim C, the above victim expressed his intention not to punish the Defendant in favor of the Defendant, under the circumstances favorable to the Defendant, the Defendant committed again the crime of this case on the ground that he had already been under the influence of multiple times of punishment, even though he had already been punished for the same kind of crime, and that the degree of interference with business has not been somewhat weak, taking into account the circumstances unfavorable to the Defendant. In addition, the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, etc., and all of the sentencing conditions

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