(영문) 춘천지방법원 강릉지원 2015.12.17 2015고단1175

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자간(%)

(영문) 춘천지방법원 강릉지원 2015.12.17 2015고단1175

업무방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 00:00 on September 26, 2015, the Defendant, while making soup Doesing Drup, operated by the victim C(58 years of age) in Gangnam-si B, took a bath of the following: (a) the Defendant, while drinking out a soup Dor that he purchased outside of the zone, he she saws sound to the customers who were in the vicinity in the state of drinking after drinking, without permission. (b) At the same time, the Defendant shot away from those who were in the smoking room.

The Defendant, on the ground that he and soup employees E are prevented from doing so, expressed that he and the victim and the employees of the above, expressed that “Chewing flasing, flasing, death, and flasing” were “flasing, flasing, and flasing,” and obstructed the victim’s soup operation by force, such as making the customers who were in the soup flasing flasing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

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

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

1. The crime of interference with business with the sentencing of Article 62-2(1) of the Criminal Act reflects the fact that the probation order was sentenced to a suspended sentence of 2012 and a fine of 2014 as a result of the crime of interference with business for the reason of sentencing under Article 62-2(1) of the Criminal Act, and the crime of failure to recover damage during hospitalized treatment as a result of alcohol dependence (in light of the content of the agreement, it is difficult to see that the victim’s letter was received in light of the content of the agreement submitted by the soup employee E), the punishment shall be determined within the scope of the recommended sentence according to the sentencing guidelines (limited to six months

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제314조 제1항

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