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(영문) 울산지방법원 2017.11.21 2017고단3768

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

The Defendant, from around 09:30 on September 2, 2017 to 09:55 on the same day, entered the victim C (n, 69 years of age) located in Ulsan-gu, Ulsan-gu, and expressed the victim’s desire to drink “D’s opening, starting, starting, and starting at the time” to the victim, and obstructed the victim’s operation of the victim’s dust by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report the handling of reported cases, and to report the arrest of persons with a fine unpaid;

1. Relevant legal provisions of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts, reasons for sentencing of imprisonment [typed 4 million won as a result of interference with business affairs] - Class 1 [Special Sentencing] [person subject to sentencing] - [the scope of recommendation] mitigation area / [the scope of recommendation] one month or 8 months] [the scope of recommendation] mitigation area / The main reasons for mitigation - The positive factors - The positive factors - the reasons for suspension of execution are negative : the above sentencing factors - the defendant was sentenced 2 times or more as well as 30 times as a fine for violent crimes. Among them, the defendant was sentenced 4 million won as a result of interference with business affairs in 2014. In particular, the defendant was already sentenced to imprisonment with prison labor for a period of suspension of execution due to violence and special injury until now, and the defendant was already sentenced to imprisonment with prison labor for the reason that he had no opportunity to prosecute other persons during the suspended execution or punishment of this case during the period of punishment of this case.