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(영문) 울산지방법원 2016.09.29 2016고단1726

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On November 9, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to interference with the execution of official duties in this court, and the judgment became final and conclusive on the 17th of the same month.

[2] On April 1, 2016, the Defendant: (a) in the “D” operated by the Victim C (A, 53 years old); (b) on the ground that the victim did not sell drinking to the Defendant, who was drunkly drunk, the Defendant was asked to her humping and call for drinking to the customer; and (c) on the ground that the victim’s huming and drinking was refused, the Defendant humping the disturbance for about one hour, and obstructed the victim’s main business by force, thereby interfering with the victim’s main business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report-related Acts and subordinate statutes after confirmation of such minor convictions;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine (the punishment of a fine shall be imposed only once in consideration of the favorable circumstances, such as the fact that the person has committed a crime during the period of suspension of execution, a number of criminal records of the same kind have been committed, but the person has agreed with the victim and has no criminal records);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;