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(영문) 제주지방법원 2020.04.24 2020고단358
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On December 23, 2019, at around 03:10 on December 23, 2019, the Defendant, without any particular reason, obstructed the victim’s main business by force for approximately 10 minutes, such as drinking alcohol to the victim, drinking eggs, failing to pay the alcohol value. The Defendant interfered with the victim’s main business by force.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each entry in C and E’s written statements;

1. Application of each of the Acts and subordinate statutes stated in each investigation report prepared by the prosecution (organization of victim C telephone statements / Organization of witness E telephone statements);

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Punishment under Law] 1 month to 5 years [Determination of Punishment] Crimes, Interference with Business, Type 1 (Interference with Business] (Specially Convicts): Reduction element: In a case where the degree of deceptive influence or the degree of interference with business is minor, in a case where the degree of fraudulent influence or the degree of interference with business is minor, non-conformity with punishment (general person in a prison): Voluntary mitigation element - In a case where serious reflect [Scope of Recommendation] special mitigation area, 1 month to 8 months (whether suspended sentence is applicable], in a case where the degree of fraudulent force or interference with business is minor - In a case where the degree of positive interference with business is minor, it is not possible to punish - In a case where there is no contingency, serious reflectness, or no criminal conviction more than 4 months of suspended sentence [decision of punishment]. The defendant is found to have committed a crime of interference with business under the jurisdiction of the Jeju District Court on May 8, 2009.

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