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(영문) 울산지방법원 2019.06.04 2019고단657

업무방해등

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

Reasons

Punishment of the crime

On January 1, 2019, from around 07:52 to 08:59 on the same day, the Defendant, “2019 Man-Ma657”, under the influence of alcohol at D cafeteria operated by the victim C in Ulsan-gu, Ulsan-gu, U.S., the Defendant obstructed the victim’s restaurant business by force for a period of up to one hour by having the victim avoided the disturbance, such as booming, bitching, bitching, bitching, and bombing, so as to prevent the victim from running the restaurant business.

『2019고단1439』 피고인은 2019. 2. 28. 04:10경 울산 남구 E에 있는 피해자 F(61세) 운영의 ‘ ’ 식당에서, 피고인의 여성 일행들과 술을 마시고 위 일행들이 위 식당에서 먼저 나간 후, 피해자로부터 술 값을 결제하여 달라는 요구를 받자, 이를 무시하면서 피해자에게 “개새끼, 씨발 놈! 여자 일행을 데려와라.”고 말하면서 갑자기 주먹으로 피해자의 얼굴 부위를 1회 때리고, 손날로 피해자의 울대를 2회 때렸다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 314 (1) and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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 lecture attendance order;

1. Crimes No. 1 in the sentencing criteria: Crimes of Violence: Type 1 (General Violence in February or October): Basic area (Interference with Business): Type 1 (Interference with Business): Final recommendation type: One month to eight months): February;

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The facts charged in favor of the defendant are recognized, the facts agreed with the victim C, and contingent.