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Reasons
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(영문) 서울남부지방법원 2017.10.10 2017고단3896
업무방해
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1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2017, from around 13:10 to 13:40 of the same day, the Defendant: (a) at a D restaurant operated by the victim C (Inn, 54 years of age) located in Yangcheon-gu Seoul Metropolitan Government, the Defendant “lick food” to the victim.

Whether there is a cooking qualification certificate or not.

As the victim respondeded to “the other customer,” it obstructed the victim’s restaurant business by force by putting the disturbance on the ground that the victim respondeded to “the other customer, who would be able to be able to get the other customer,” such as “the year of this weather, the same year” and “the same year,” making the other customer in the restaurant unable to take meals, and preventing the other customer who entered the restaurant from entering the restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business and Selection of Imprisonment with prison labor);

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the reasons for sentencing)

1. There are favorable factors for sentencing, such as observation of protection and community service order, without focusing on the degree of interference with the reasons for sentencing under Article 62-2 of the Criminal Act, and agreement with the victim.

However, in the case of a defendant, the execution of imprisonment shall be suspended in consideration of the repetition of the same crime even though the records of punishment by violence have been several times, but the surveillance of protection and the imposition of community service order shall be determined as the same as the order.

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