(영문) 대전지방법원홍성지원 2020.12.22 2020고단757

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자간(%)

(영문) 대전지방법원홍성지원 2020.12.22 2020고단757

업무방해

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:30 on August 5, 2020, the Defendant, while taking a bath at the “D” restaurant operated by the victim C (the 60 years of age and south) in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (a) took a bath; (b) took a bath to the staff who requested to be crypted; (c) took a large voice; and (d) took a bath to the staff who requested to be crypted; and (c) took a meal, the customer who was taking the meal was defective in order to stop the Defendant; and (d) put the said customer at the entrance of the said restaurant a disturbance, such as placing the said customer a catus, which the said customer was seated, and attaching the victim a notice of temporary suspension of business at the entrance of the said restaurant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes governing field photographs CCTV CDs;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) and (3) of the Criminal Act on probation and community service order is that the defendant is recognized to commit his/her crime, and that there is no record of punishment heavier than that of fines due to the same kind of crime, such as interference with business, etc., within the last ten years, etc.,

The defendant's obstruction of the business of the Chinese house and dispatched the police officers after receiving a report to stop the crime at that time, and the nature of the crime is not good, and the fact that the police officers did not receive a letter from the victim until now are disadvantageous to the defendant.

In addition, the sentencing conditions specified in the pleadings of this case, such as the age, character and conduct of the defendant, the background of the crime of this case, and the circumstances after the crime, shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제314조 제1항

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