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(영문) 제주지방법원 2020.06.05 2020고단535
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On September 21, 2019, the Defendant: (a) around 19:00, at the Jeju-si Btel 1 shopping mall operating “D pharmacy”, the Defendant spits Chinese people into and took a bath for the Defendant’s operation of the pharmacy; (b) spits down spits on the floor; (c) spits spit spits on the floor; and (d) spit spit spit spits on the face of employees E (e.g., 22 years of age); and (b) obstructed the victim’s pharmacy operation by force.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

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

1. Investigation report (Interference with duties) on police preparation and recording and video (including attached documents);

1. Application of Acts and subordinate statutes entered in the report processing list, 112 cases prepared by the police;

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, Article 59 of the Act on Probation, Etc. [the scope of punishment under law] 1 month or five years [the decision of a sentence] : obstruction of business, obstruction of business, first [the general person] mitigation element : / [the scope of recommendation element] basic area / 6 months or more of imprisonment with prison labor / 1 year or more 6 months [the suspension of execution of sentence] positive general participation element - contingent crime - negative general participation cause - Unfavorable for two years or more of imprisonment with prison labor / there is no effort to recover damage [the decision of a sentence ] 2 years of suspension of execution: the defendant was sentenced to a fine of 500,000 won for obstruction of business from the Incheon District Court on March 22, 2007; the summary order of a fine of 100,0000 won from the same court on August 5, 2009; and the defendant was issued a summary order in favor of each victim.

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