beta
(영문) 울산지방법원 2017.05.11 2017고단1070

업무방해

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On April 5, 2017, from around 19:30 to 20:50 the same day, the Defendant: (a) was gathering two tables from the entrance of the convenience store operated by Ulsan-gu B victim C on the ground that he was bad while drinking alcohol at the D convenience store run by Ulsan-gu B; (b) the Defendant, an employee of E, “Yari-gu Mari-gu and Mari-gu Mari-ri,” and (c) interfered with the victim’s convenience store business by force, such as “Iri-gu Mari-gu Mari-gu Mari, Mari-gu Mari, Mari-gu”, and “Iri-gu Mari-gu Mari-gu Mari, Mari-gu Mari

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Code of the relevant criminal facts (the decision of the defendant's assertion) of the Act provides that the defendant shall be given an opportunity for correction through isolation with society for a certain period of time when comprehensively considering the following: (a) the punishment has been imposed several times including the suspension of the execution of the same kind of punishment; (b) the fact that the defendant again committed a crime after the lapse of the final period of suspension of the execution of the same kind of punishment; and (c) the victim wishes to punish the defendant; and (b) the defendant shall be given an opportunity for correction by taking into account various circumstances, such as the process of the crime committed in the records and pleadings, and the degree of reflectivity. However, the defendant asserts that he was in a state of mental and physical weakness at the time of the instant crime (the decision of