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(영문) 울산지방법원 2018.05.11 2018고단317

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 17:40 on December 18, 2017, the Defendant sited at “△△△△△△△△△” located in Ulsan-gu, Ulsan-gu, Seoul-gu, and obstructed the victim’s convenience store business for about 30 minutes by force, such as forcing the customer to take a bath before the entrance, making the victim take a bath, and making the customer take a bath at the front of the entrance, thereby preventing the customer from entering the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the punishment according to the sentencing guidelines] : The scope of the special mitigation area (including one month to eight months) for the mitigation area (including efforts to recover damage): January 1 to 5 years (the decision of sentence] for the crime of this case is not good in light of the circumstances of the crime, the fact that there was a record of being punished for a fine due to the same obstruction of duties, and that there was a record of having been punished several times of punishment for the same kind of violent crimes, and that the crime of this case was committed in another time even though there was a record of punishment for the same kind of violent crimes.

However, the circumstances are favorable to the defendant, such as the fact that the defendant is recognized as committing a crime and is against the defendant, that the victim has not been punished for the defendant, and that the defendant has no criminal record exceeding the suspended sentence.

In addition, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and crime.