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(영문) 울산지방법원 2019.10.11 2019고단1919

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2019, from around 24:00 to 01:25 of the following day, the Defendant received a demand from the victim C’s main points in the Ulsan Jung-gu Operation C, Ulsan-gu, to request the calculation of the drinking value from the victim. The Defendant expressed the victim’s desire to “ception year, the same year,” and interfered with the operation of the victim’s main points by force by force, such as attempting to throw a beer disease.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order, and order to attend a lecture, the nature and form of the crime, the circumstances at the time of the crime, etc. are not good, and the responsibility for the crime is not weak due to the lack of sufficient degree of force and obstruction of work, and there are many records of punishment for the same violent crime. In particular, on May 29, 2017, the court sentenced two years of suspended sentence for the crime of property damage to the crime of this case to the 6-month suspended sentence for the 6-month suspended sentence due to the crime of property damage to the 2-month suspended sentence, and the possibility of criticism is significant, etc., which are disadvantageous to the defendant, or the defendant appears to have committed the crime of this case from the investigative agency, and the defendant seems to have committed the crime of this case in a contingent condition at the time, and it appears that the victim did not want the punishment for the defendant before prosecution, and that it is favorable for the defendant to have been divorced for a long time.

In addition, the age, character and conduct, the environment, the motive and consequence of the crime, the circumstances after the crime, etc. of the defendant and the conditions of the punishment shown in the pleading.