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(영문) 울산지방법원 2020.02.21 2019고단3636
업무방해
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

At around 23:00 on September 11, 2019, the Defendant: (a) in D operated by the Victim C (Nam, 63 years of age) located in Yangsan City B, on the ground that she refused to demand that female employees “a son” himself or herself; (b) the Defendant was unable to avoid disturbance for about 20 minutes, such as making the victim her dumbbling s and cutting bats and cutting the bats and cutting the bats and cutting the bats; and (c) taking the bats, she was able to take a bath to the customers bating them; and (d) taking the bats on the table.

Accordingly, the defendant interfered with the operation of the victim's main points by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

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

1. As to the assertion of the Defendant and his defense counsel regarding probation and medical treatment order Article 62-2 of the Criminal Act, and Articles 2-3 subparag. 2 and 44-2 of the Medical Treatment and Custody, etc. Act, the Defendant and his defense counsel asserted that the Defendant had a mental disorder under the influence of alcohol

However, comprehensively taking account of the circumstances such as the background and method of the instant crime, the Defendant’s act before and after the instant crime, which was acknowledged by the evidence as seen earlier, there was no ability to discern things or make decisions under the influence of alcohol.

not seem to have existed in or weak condition.

The defendant and defense counsel shall not be accepted.

The reason for sentencing is that the defendant has led to the crime of this case, and the mistake is divided, and the defendant has agreed smoothly with the victim, and the defendant has recently been punished several times for violent crimes such as obstruction of business, damage, bodily injury, assault, etc. This seems to require medical treatment for the existence of alcohol, etc. since the defendant has a negative habit of alcohol drinking, and other factors for sentencing such as the defendant's age, environment and circumstances after the crime are considered.

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