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(영문) 제주지방법원 2015.05.01 2015고단216

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 03:20 on December 29, 2014, the Defendant interfered with the business of the victim E at Jeju, the Defendant: (a) expressed the victim’s wife any desire without any reason; and (b) 10 minutes of the disturbance, such as sprinking the beer, sprink at the entrance of the victim, and sprinking the beer, sprink at the entrance of the victim; and (c) interfered with the victim’s operation by force.

2. On December 29, 2014, at around 03:41, the Defendant: (a) was moving off the above main entrance in front of the G dan Do public bars in front of the said main entrance; (b) was discovered by the police officer I belonging to the Hodong Police Station H District of the Jeju Police Station, the victim sent out upon receiving a report that he/she failed to do so and requested him/her to present his/her identification card; (c) in the above E-type, he/she saw the victim as “spacker, spacker, spacker, spacker, spacker, and spacker”; and (d) the victim sprinked the victim’s speech that he/she would not take a bath from the victim, and assault him/her, such as harming the victim’s breast part of his/her chest, and continuing to go beyond the victim.

Accordingly, the defendant openly insultingd the victim, and obstructed the victim's legitimate performance of duties concerning the prevention, suppression and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of I and E;

1. Application of Acts and subordinate statutes prepared by the J;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Articles 136 (1), 314 (1) and 311 of the Criminal Act and the choice of imprisonment, respectively;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (the provision that only agreement is made with the victim of the crime of interference with business, the provision that there is no criminal record of a fine twice, the motive and circumstances leading up to the crime, the circumstances after the crime, the occupation of the defendant, family relation, etc.).