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(영문) 울산지방법원 2017.12.22 2017고단3672
업무방해등
Text

A defendant shall be punished by imprisonment for a period of five months.

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

Reasons

Criminal facts

1. On September 19, 2017, the Defendant who interfered with his/her duties is placed in the D restaurant operated by the victim C (V, 62 years old) located in Ulsan-gu, Ulsan-gu, Seoul-do, and the victim is placed in the customer, taxi, and taxi house.

For the reason that “the victim’s shoulder was sealed,” “the victim expressed in his hand that “at the same year, she must grow up, Chewing, and she will h. to see the right to the payment of the amount of money to the victim,” and the victim was unable to avoid disturbance, such as “at the time of the victim’s kitchen towards the victim, I would like to see that the victim was “at the time of this yacht, I would like to see, I would like to see, I would like to see, I would like to do so.”

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

2. On September 19, 2017, at the place indicated in paragraph (1) around 14:10 on September 19, 2017, the Defendant expressed a bath to the victim E (36 years of age) who is the police official (the police official) dispatched after receiving a report due to the act of interference with the above business, soliciting the Defendant to return home. However, the Defendant expressed a bath to the victim, among the above restaurant operator C and other customers, “I am feasia, I am.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Application of Acts and subordinate statutes to the business report photographs, the 112 report processing statement, and the written complaint processing statement;

1. Relevant legal provisions concerning the facts of crime and the point of obstructing the choice of punishment: Article 314 (1) of the Criminal Act; Article 311 of the Criminal Act; Article 311 of the Criminal Act; Article 311 of the Criminal Act; and Article 314 of the

1. The aggravated punishment for concurrent crimes is aggravated within the scope of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of adding the maximum term of two crimes prescribed by a crime of interference with heavier business);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Reference to the sentencing guidelines for interference with the work [the type of decision] interference with the work, set forth in Category 1 (Interference with the work) [the person with special sentencing] - The mitigated element of punishment is not subject to mitigation [the decision in the sphere of recommendation].

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