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(영문) 제주지방법원 2016.12.19 2016고단2369
업무방해
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 became final and conclusive.

Reasons

Punishment of the crime

At around 03:20 on June 5, 2016, the Defendant entered the D cafeteria operated by the Victim C (Y, 52 years of age), and obstructed the victim’s restaurant business by force of about 40 minutes, such as: (a) threatening the victims of the said cafeterias to take a hand by hand, who were eating in the said cafeterias; and (b) continuously lids of the water level lids installed outside the said cafeterias by continuously gathering the lids of the cafeterias; and (c) interfere with the victim’s restaurant business by force, such as gathering the lids of the cafeterias installed outside the said cafeterias.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports (on-site situations, etc. at the first time), C’s statements, and photographs of damaged field Acts and subordinate statutes;

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

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

The reason for sentencing (within the scope of the recommended sentencing guidelines) (the basic area of interference with the business: 3 times of the same criminal records and fine for the same offense ( ① the fine for interference with the business of Incheon District Court on May 21, 2008; ② the fine of 700,000 won on March 2, 2010; ③ the fine of 1 million won on the same offense of the same court on January 5, 2015).

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