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(영문) 울산지방법원 2016.12.01 2016고단3135

업무방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to a suspended sentence of ten months with prison labor for the crime of intrusion upon a structure at the Ulsan District Court for the same year.

5. 10. The judgment becomes final and conclusive and is currently in the grace period.

At around 06:20 on September 9, 2016, the Defendant: (a) requested other customers to join in the “singing room” in the operation of the victim C located in Ulsan-gu, Ulsan-gu; (b) but was rejected; and (c) took a bath that is difficult to be filled in the opening; (d) took the door on the floor; and (e) obstructed the victim’s business by force by avoiding disturbance, such as cutting off the entrance door.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that there are many criminal records including criminal records against the defendant, and that the crime of this case was committed without being able to do so during the period of suspension of execution, considering the circumstances unfavorable to the defendant, the degree of substantial infringement of the victim's duties and the details of the act of disturbance, the victim's submission of a written application and actively wanting the Defendant's wife, etc., the punishment as set forth in the order shall be determined.