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(영문) 울산지방법원 2018.01.24 2017고단4180

업무방해등

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

1. On November 19, 2017, the Defendant: (a) while drinking alcohol within the “C” located in Ulsan-gu, Ulsan-gu; (b) the Defendant, under the influence of this alcohol, solicited the Defendant to return home; (c) the Defendant, who was a business owner, was able to do so; (d) the Defendant d. (e., the Defendant 45 years old), followed the Defendant, thereby interfering with the Defendant’s main business by force over about 20 minutes, such as 20 minutes, such as coming to the visitors of other tables, leaving him/her a trial fee, and leaving him/her up with the tables.

2. The Defendant damaged the victim’s property in such a way that, at the above date, at the above time and at the above place, the Defendant spawed a spaw as above, carried a spaw, shouldered a glass bar, shouldered three spawds on the table, and shouldered three spawds at the spawd.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Obstruction of the relevant Article of the Criminal Act and of the choice of punishment: Article 314 (1) of the Criminal Act, damage to property selected by imprisonment: Article 366 of the Criminal Act, and option of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines for first-class crimes (Interference with Duties) [Scope of Recommendation] and the scope of final sentence due to the increase of non-members of punishment [Article 1-6] and the scope of punishment due to the increase of non-members of punishment (Article 1-6] and the scope of final sentence due to the increase of non-members of punishment: January-1 month to November 11;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A person who commits a crime during the normal suspension of execution, which is disadvantageous to the victim by making a statement that he/she is favorable to normal confession and depth, during the normal suspension of execution (in December 23, 2015, the Ulsan District Court has suspended the execution of two years in the period of imprisonment for fraud.