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(영문) 서울남부지방법원 2017.10.26 2017고단4146
업무방해
Text

A defendant shall be punished by imprisonment for a period of five months.

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

Reasons

Punishment of the crime

At around 08:00 on June 18, 2017, the Defendant’s “D cafeteria” operated by the Victim C (C) located in Yeongdeungpo-gu Seoul Metropolitan Government (C) around 08:00, when the Victim does not sell his/her alcohol, and the Defendant’s “Is the Defendant would not sell his/her alcohol.”

Does the customer be able to do so

It refers to a large voice, and ultimately, it interfered with the victim's operation of the restaurant by force for about 15 minutes by avoiding the disturbance by keeping the customers who were in the restaurant, such as by keeping the victim tightly and continuing to take a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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 on the suspended execution;

1. Although a person was sentenced to four times as a result of obstructing the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, he/she is not subject to a fine, and there is no minor punishment than a fine, and a mistake is divided, circumstances such as the circumstances of the crime, means of crime, and circumstances after the crime, etc. are considered.

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