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(영문) 제주지방법원 2017.08.18 2016고단1363
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2016, between around 03:00 and around 03:13, the Defendant: (a) took a bath in another customer C (D) who had been working as a manager at D’s restaurant, without any justifiable reason while drinking alcohol in D’s restaurant, and (b) took a bath, sound, booms, and booms, and the victim was also able to do so; (b) the police officer dispatched upon receipt of a report by 112, returned the Defendant.

However, between 03:39 on the same day and 03:42 on the same day, the Defendant returned to the above restaurant, without any justifiable reason, brought the victim’s desire, and took a bath to other customers.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. The period of suspension of execution under Article 62(1) of the Criminal Act shall be the same as the order, taking into account various conditions of sentencing specified in the pleadings of the instant case, such as the Defendant’s age, sex, criminal conduct, environment, circumstances surrounding the crime, and circumstances after the crime, etc.

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