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(영문) 제주지방법원 2018.07.16 2017고단3063

업무방해등

Text

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

Reasons

Punishment of the crime

On July 2, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor by obstructing business operations at Jeju District Court, and completed the execution of the sentence at Jeju Prison on December 27, 2015.

Around 17:40 on October 5, 2017, the Defendant interfered with the business of “2017 Highest 3063” - around October 17:40, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance by following the following: (a) while drinking mixed alcohol at E-cafeteria of the victim D’s operation in Jeju City; (b) having a telephone with the mobile phone with the mobile phone; and (c) having engaged in horse-fighting with the mobile phone with the mobile phone; (d) having taken a large amount of talk; and (e) following the Defendant’s check from his/her employees, he/she saw his/her table in his/her place, and she laid down his/her storm and alcohol with the phone.

On December 6, 2017, at around 12:50 on December 6, 2017, the Defendant interfered with the business of “2018 Go-Ma 36”, the Defendant obstructed the two-point business of the victimized person for about 40 minutes from that time, by holding the victim G operation “H,” with a string door inside the string house, smoking cigarette, dumping cigarette butts on the floor after smoking, and taking the victim’s bath to the large interest, such as “the same string”, “the victim,” etc., from that time to 13:30 on the same day.

around 322:59 on May 3, 2018, the Defendant driven an I K5 vehicle under the influence of alcohol concentration of approximately 0.096% from the 500m section to the shore adjacent to the "bebee," located in the Sinpo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D or G preparation;

1. On-site photographs and related photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of repeated records);

1. Article 314 (1) of the Criminal Act (the point of interference with business) of the same Act concerning the facts constituting an offense, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of interference with business) of the same Act;

1. Selection of each sentence of imprisonment;