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(영문) 제주지방법원 2017.01.25 2016고단2635
업무방해
Text

A defendant shall be punished by imprisonment for four 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 14, 2016, the Defendant found the victim C'D' main points of the victim's operation in Jeju-si B around 23:00, and demanded that the victim be 300,000,000,000 won of the officetel deposit, which he had previously resided in the victim, brought a dispute, and the victim took a bath at the large interest of "influent tax calculation of the amount of money inside the weather," and left the victim with smelling expenses in the kitchen room at the same place for about 10 minutes, thereby obstructing the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Notification of reported cases;

1. Application of related Acts and subordinate statutes to photographs;

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

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the scope of sentencing [the scope of sentencing [the scope of sentencing [the category of interference with duties, interference with duties, the category 1 (Interference with duties), the basic area, six months to one year and six months] and the following circumstances: The circumstances that recognize and reflect the facts of crimes that are favorable to the determination of punishment as ordered: The fact that there is a history of being subject to multiple criminal punishments for violent crimes (13 times of punishment, the suspension of the execution of imprisonment with prison labor, one time of the suspension of the execution of punishment), the fact that there is no suspicion from victims: The circumstances of this case, the relationship between the defendant and the victim, the method and degree of exercising force, the degree of interference with duties, the age of the defendant, the sex behavior, environment, etc.

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