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(영문) 제주지방법원 2014.12.04 2014고단1324

업무방해등

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

[2014 Highest 1324]

1. On August 1, 2014, from around 09:00 to 15:00 of the same day, the Defendant expressed the victim D (hereinafter referred to as “the victim D”) in Jeju City from around 09:0 to around 43 years old, the Defendant expressed the victim under the influence of alcohol to “the same age, spawn, and spawn” as the victim’s large interest, and caused the victim to leave from his place by raising a disturbance to the customer who was in the multi-faceted zone due to the chnishing of trial expenses.

Accordingly, the defendant interfered with the victim's multiple business by force.

2. On August 28, 2014, at around 10:00, the Defendant: (a) expressed the victim’s desire to be “assumpted” with a large interest to the victim; and (b) made it impossible for the Defendant to enter the place so that they could not enter the place by avoiding disturbance due to a fluence, etc. under the influence of alcohol.

Accordingly, the defendant interfered with the victim's multiple business by force.

[2014 Highest 1544] On September 16, 2014, the Defendant asserted with H around 00:35, at the Gpool F, and brought a food knife (20cm in length, 30cm in total length) which is a dangerous object to enter the said Gpool, into the said Gpool, and returned to the surrounding area, after receiving 112 report of the said Gpool 112, and having received her knife knife from the scene until J arrives at the site.

As a result, the defendant carried dangerous objects that could be used in violence without justifiable reasons.

Summary of Evidence

[2014 Highest 1324]

1. Statement by the defendant in court;

1. Statement made by the police with D (2014 highest 1544);

1. Statement by the defendant in court;

1. Application of each police protocol of statement to K and H;

1. Relevant Article of the Criminal Act and the choice of a punishment for the crime: Article 314 (1) of the Criminal Act and Article 7 of the Punishment of Violences, etc. Act (the point of carrying a deadly weapon for common use of violence); Selection of imprisonment with prison labor;

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

1. Suspension of execution: Statement of the reasons for sentencing under Article 62(1) of the Criminal Act.