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(영문) 울산지방법원 2017.10.20 2017고단2367

업무방해

Text

A defendant shall be punished by imprisonment for a period of five 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

Criminal facts

피고인은 2017. 7. 6. 19:50 경부터 같은 날 20:20 경까지 울산 남구 B에 있는 피해자 C( 여, 52세) 운영의 'D' 주점에서, 술에 만취한 상태로 주변에 있던 다른 손님들에게 “ 개새끼야, 씹새끼야 ”라고 욕설을 하여 이를 제지하던 피해자에게 " 이, 개 같은 썅년아, 씨발 년" 등의 욕설을 하면서 주먹으로 때리려고 하는 등 위력으로써 약 30분 동안 피해자의 주점 운영 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing the criminal place

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the order to observe the protection [the type] reasons for sentencing in Article 62-2 of the Criminal Act [the determination of the business territory of recommendation] / [the scope of recommendation] six months to one year and six months / [the scope of suspension of execution] - Major reasons for consideration : There are no criminal records of a negative same type (a fine not exceeding five years or less) - there are no criminal records of a positive or more: [the decision of sentence] as mentioned above, there have been no criminal records of a positive or more at least three times before the victim's main points, and the defendant has failed to take many times from the victim's main points; however, there have been no suspicion from the victim; the victim complained for the victim's access to the defendant; the defendant has a great history of punishing the same kind and this kind of punishment; the defendant again does not interfere with the business of the victim's main points.

(1) take into account the fact that such action is taken.