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(영문) 제주지방법원 2015.04.03 2015고단136
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power” On January 6, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties at the Incheon District Court, and five months of imprisonment with prison labor for injury by assault at the same court on July 19, 2012, and completed the execution of the sentence in the North Korean Prison No. 2 prison on April 9, 2014.

【Criminal Facts】

1. On December 31, 2014, the Defendant causing property damage: (a) around 23:35, 2014, at the public entertainment bar operated by the victim D (Inn, 46 years of age) near the Jeju City, the Defendant found the above drinking house while drinking alcohol; (b) requested the victim to drink and return the alcohol, and (c) the victim requested the victim to do so; (d) hing the victim’s bath; (e) hing the victim’s market price, which was at the entrance of the relevant stairs; (e) hing the victim’s fluor; (e) hing the victim’s fluor; (e) hing the victim’s fluor; (e) hing the victim’s fluor; (e) hing the victim’s fluor; and (e) hing the victim’s fluor

2. On January 19, 2015, at around 06:00, the Defendant interfered with the Defendant’s business, at a restaurant operated by the victim E (n, 49 years of age) near C on the Jeju-si, the Defendant obstructed the Defendant’s operation of the restaurant by force by avoiding disturbance for one hour due to the following reasons: (a) the Defendant, under the influence of alcohol, tried to drink the said restaurant together with the victim; (b) the Defendant refused it; (c) the Defendant, as the victim refused it; (d) the Defendant dumpeded the victim’s bathing; and (e) he collected a mark from the table; and (e) the Defendant dumped the customer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Photographs and on-site photographs;

1. Previous records: Application of Acts and subordinate statutes to the previous records of disposition, previous records of confirmation, report on results of investigation (verification of attachment of suspect judgment and date of completion of execution of punishment, etc.);

1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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