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(영문) 울산지방법원 2020.02.07 2019고단3238

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 10, 2019, at around 01:50 on August 10, 2019, the Defendant got home due to the call of the people in the vicinity of the building where the Defendant was living in front of the building where the Defendant was living in front of the Defendant, and was trying to assault the victim.

Nevertheless, at around 02:20 on the same day, the Defendant found the victim C in the Nam-gu B and the second floor in the “D” service office working as the head of the management team and repeatedly demanded the victim to “D” service office and “B” and “B” to change, etc., “Nei, B, Da, Da, and ice B,” etc., and obstructed the victim’s business affairs concerning Kwikset service by force by avoiding disturbance for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on investigation;

1. 112Report settlement statement;

1. Application of each statute on photographs;

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. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order is as follows: (a) the nature and form of the crime and the circumstances at the time of the crime are not good; (b) the degree of interference with the business of this case is not weak; (c) the crime of this case was committed under the influence of multiple times due to the same kind of crime and violent crime; and (d) even though under the influence of alcohol, the crime of this case was committed under the influence of alcohol; (c) the defendant was committed under the influence of alcohol; (d) the defendant was committed under the influence of alcohol; and (d) the defendant was committed under the influence of alcohol; and (e) the degree of force is not severe; and (e) the victim, who operates Kwikset service business in front of the building, was set up and set up, resulting in a contingent crime.