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Reasons
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(영문) 제주지방법원 2016.11.29 2016고단1435
업무방해
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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

1. On January 15, 2016, the Defendant: (a) around 18:00, at the “D” restaurant operated by the Victim C in Jeju-si B, the Defendant obstructed the victim’s restaurant business by force for about five minutes from around 18:05 of the same day by allowing customers who were in the restaurant to out of the restaurant, such as: (b) the victim was demanded by the victim to sound “Y,” and thereby, “Yhhhhhhh” to go back from the victim; and (c) the victim refused the demand to go back from the victim; and (d) the victim’s restaurant business operation was obstructed by force for about five minutes from the same day.

2. On March 1, 2016, at around 16:05, the Defendant: (a) got a victim from a “D” restaurant; and (b) the Defendant refused the victim’s request by “Ye, farb far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far far f. f. f. f. f. f. f. c. f. f. f. f.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. Each statement prepared by the F, G and C;

1. Application of statutes on field photographs;

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

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation and community service order: The sentencing guidelines under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered in consideration of all of the following circumstances:

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