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(영문) 울산지방법원 2020.04.08 2019고단5081

업무방해

Text

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

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

Reasons

Punishment of the crime

[2019 Highest 5081] On October 26, 2019, the Defendant was unable to avoid disturbance for about 10 minutes, such as 23:25, at the time of the victim D (W, 67 years of age) operation of the “C” located in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant 2019.

Accordingly, the Defendant interfered with the victim's business by force.

[200 Height209] On December 28, 2019, the Defendant was able to avoid disturbance for about 10 minutes, such as 10 minutes, by drunkly drinking from the victim G (n, 69 years old) in Ulsan-gu, Ulsan-gu, about 21:50 on December 28, 2019, the Defendant was able to see that he would be able to move 10 minutes from H, which is not the table table 9, but the table table 9, which was 10 minutes of his table, but the table table 10 minutes of the table.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

[2019 Highest 5081]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs (2020 ordered 209);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons] (Special Convicting Persons): Reduction element of Punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(b) Class 2 (Interference with Business) (Determination of type).