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(영문) 제주지방법원 2017.06.09 2016고단2629
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. Around November 10, 2016, the Defendant: (a) expressed the victim’s “E” telecom operated by the victim C victim D on the following day; (b) expressed the victim’s desire to see that the victim could not smoke in the interior; and (c) expressed the victim’s speech that the victim would not smoke in the interior; (d) talk with the victim; and (e) made the victim’s noise without going out of the victim’s spouse despite the victim’s speech that the victim would vary from F; and (e) obstructed the victim’s hair operation by force for about 29 minutes until the police called the Defendant and presented the Defendant.

2. The injured Defendant, at the time and place as mentioned in the above paragraph 1, brought the victim’s neck by hand on the ground that the victim’s neck was sexually asked from F (49) at the time and place of the above paragraph 1, he was in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A photograph description;

1. A medical certificate;

1. Application of the CD-related Acts and subordinate statutes to CCTV video data interference with business affairs;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 257 (1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines set forth in Category 1 Crimes (Assaults) [Scope of Recommendation] General In the mitigated area (two months to one year), [Specially mitigated persons] Punishment Non-wons (including serious efforts to recover damage), or where considerable damage has been recovered, the scope of the recommended punishment] and the mitigated area (one month to eight months) [the scope of the recommended punishment] and the mitigated area (one month to eight months) [including a special mitigated person] and the final penalty due to the aggravation of multiple crimes (including a serious effort to recover damage): February to April:

2. Determination of sentence;

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