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(영문) 제주지방법원 2017.01.25 2016고단2695
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 11. 23. 21:50 경 서귀포시 B에 있는 'C 단란주점' 내에서, 종업원인 D와 업 주인 피해자 E( 여, 57세 )에게 " 썅 년, 개 같은 년, 씹이나 하겠냐,

In other words, the same year is called "the same year as male and female," and the same year is called "the same year as male and female," making it difficult for customers who were going to the main place of smoking the disturbance to enter, thereby obstructing the victim's 30 minutes by force, thereby obstructing the victim's entertainment operation.

2. The Defendant interfered with the performance of official duties at the same place on November 23, 2016, at around 22:05, and at the same time, the Defendant interfered with the police officer’s legitimate performance of official duties in relation to the handling of 112 reports by the said G while the Defendant received a report from 112 that the customer satisfed, and the Defendant called up, “I am out, satf, sat, and satch,” and the police officer’s satisf, satf, satch, and satch, satf, satf, and walk the said G, and walk the said G with the view of walking the 112 report handling, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (as regards refusal to affix the seal of confirmation, etc.), related photographs;

1. Application of each statute of G, H, E, or D;

1. Relevant legal provisions and the choice of punishment for a crime: Article 314(1) of the Criminal Act (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties). Selection of imprisonment with prison labor for each type;

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

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The basic area of interference with the duties of the reasons for sentencing (within the scope of the sentencing guidelines): June -1 year and June: The basic area of interference with the performance of official duties in June -1 year and June: the processing of multiple offenses: June -1 year and April: The general circumstances favorable to February - June -2: The victim who was not punished for interference with the duties ( November 28, 2016): the fact that he was convicted of the same kind of crime (including interference with the duties of December 19, 200, 10 months of imprisonment with the Jeju District Court, and 2 years of suspension of execution).

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