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(영문) 제주지방법원 2015.04.29 2015고단281
업무방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On February 23, 2015, the Defendant: (a) had been fighting with the university post-university C (the same day) while drinking alcohol in the Franchising bar in the operation of the victim E in Jeju Island around 01:00 on February 23, 2015; (b) had experienced a disturbance for about 50 minutes until 01:50 on the same day.

Accordingly, the defendant conspireds with the above C and interfered with the victim's bar business by force.

2. On January 23, 2015, the Defendant: (a) at around 02:00, the victim, who received a report from the said Fran tavern, was found to have a defect that the head of the Jeju Western Police Station G District G District of the Jeju Western Police Station, as the victim, attempted to file a petition for the Defendant; and (b) the head and the part of the victim’s bridge were taken one time by walking the victim’s bridge.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above H, which weared police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes to photographs of victim H photographs, and Fran taverns in damaged field;

1. Relevant provisions of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the crime room is recognized and reflected, the fact that the victim does not want the punishment of the defendant by mutual consent with the victim of obstruction of business, and the first crime);

1. Social service order under Article 62-2 of the Criminal Act;

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