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(영문) 울산지방법원 2018.04.24 2017고단4585

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On November 27, 2017, from around 17:50 to 18:20 on the same day, the Defendant was under the influence of alcohol in the D cafeteria operated by the Victim C (M, 68 years old) located in Ulsan-gun, Ulsan-gun, and the Defendant was fright to the Defendant on the ground that the Defendant did not drink the victim.

"I wish to see" and brut it with the view of "I will die at the time of this brut" and die.

Sixth, with the view of “spath.”, the victim’s restaurant business was obstructed by force by allowing customers to enter the above restaurant by leaving the floor and continuing to take a bath to keep the floor and avoiding the disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Obstruction of Duties) that interferes with the scope of the recommended punishment on the sentencing criteria;

2. Circumstances unfavorable to the reasons for sentencing: The punishment shall be determined as the order, taking into consideration all the circumstances surrounding the sentencing conditions, such as the age, sex, motive, means and result of the crime, etc. of the defendant, including the fact that the defendant is against the crime of this case and the victim is not subject to the punishment of the defendant, in light of the degree of damage and the case, and the records of the same type of punishment several times: