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(영문) 울산지방법원 2017.10.24 2017고단3025

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

Reasons

Criminal facts

On July 15, 2017, at C convenience stores located in Ulsan-gu B around 02:10 on July 15, 2017, the Defendant sought in a drunken state and without any justifiable reason, to customers “I would like to do so, I would like to die.”

“Absing the time room by taking a bath, etc., it interfered with the convenience store business of the victim by force over about one hour, such as drinking to the victim D(28 tax) and to the customers in the neighborhood, who are employees who walk up with the time, and drinking up.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the order to observe the protection [the type of sentencing] [the reasons for sentencing in Article 62-2 of the Criminal Act [the person in charge of special sentencing] - [the person in charge of special sentencing] - [the scope of recommendation] reduction area] / [the scope of recommendation] 1 month to 8 months / major reasons for mitigation: negative previous convictions (not less than 5 years of suspension of execution): The main reasons for special consideration - The positive reasons for suspension of sentence - The reasons for general consideration are positive factors not less than : the person in charge of criminal punishment [the decision of the sentence] ; the defendant was sentenced once to the suspension of the execution of imprisonment with prison labor due to interference with the performance of his/her duties; the defendant was sentenced one time as a fine; the defendant committed a crime under the influence of drinking alcohol; and the defendant's reflect.