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(영문) 울산지방법원 2018.10.19 2018고단1910

업무방해

Text

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

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

Reasons

Punishment of the crime

around 12:48 on May 19, 2018, the Defendant: (a) expressed the victim’s desire to “at least 30 minutes of the Victim C’s mobile phone fee used by the Defendant was automatically transferred prior to the expected date of the Defendant’s mobile phone; (b) took the Defendant’s hand and took actions to see the victim; and (c) took the Defendant’s mobile phone device toward the victim, thereby interfering with the victim’s business affairs by force by avoiding disturbance for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (the sequence 4,5 of the evidence list);

1. Application of each statute on photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (1) of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that: (a) the nature and circumstance of the crime is not good in light of the method and form of the crime, the circumstances at the time of the crime, etc.; (b) even though many of the criminal records have been punished for the same kind of violent crime, the crime in this case are committed, and the responsibility for the crime in this case is not less complicated; (c) the defendant is recognized for the crime in this case and is against the depth; (d) the degree of the threat of force or interference with business is relatively insignificant; (d) the victim and the victim did not want the punishment against the defendant by mutual agreement with the victim before the prosecution; and (e) the victim does not want the punishment against the defendant by repeating hospitalization and discharge from hospital from around 203 due to alcohol ozone.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. and all the circumstances shown in the oral proceedings shall be determined as ordered by taking into account.