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(영문) 제주지방법원 2016.08.16 2016고단1277
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 13, 2016, at around 16:45, the Defendant: (a) took a dangerous object under the influence of alcohol in E-cafeteria operated by the victim D; (b) and (c) taken off around the above restaurant entrance to the victim F in front of the restaurant, the Defendant depied the convenience of the above restaurant entrance to repair KRW 500,000,000,000.

Accordingly, the defendant carried dangerous things and damaged the victim D's glass, and assaulted the victim F.

2. The Defendant interfered with his duties by avoiding disturbance as stated in paragraph 1 at the time, place, and place, and caused customers who were in the restaurant operated by the victim D to leave the said restaurant.

Accordingly, the defendant interfered with the victim's restaurant work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Relevant photographs;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to verification of the implements of crimes);

1. Relevant legal provisions concerning criminal facts: Article 314 (1) of the Criminal Act (the point of interference with business), Articles 261 and 260 (1) of the Criminal Act (the point of special violence) and Articles 369 (1) and 366 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: The circumstances favorable to the defendant are as follows: the reasons for sentencing under the former part of Article 37, Articles 38(1) and 38(2) and 50 of the Criminal Act are recognized by all the facts of the instant crime; the fact that the defendant approved the facts of the instant crime after the prosecution; the fact that the victim agreed with the victims after the prosecution; the degree of damage caused by the victims did not reach a significant result.

However, the defendant committed a crime by carrying dangerous articles, and without sea, leading to a restaurant operated by the injured person. In addition, the method of crime is very poor and the defendant has already been punished for suspended execution for the same kind of crime.

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