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(영문) 울산지방법원 2020.01.17 2019고단3125
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 21, 2019, the Defendant: (a) around 21:00, at the Masan-si 21:00, to the victim C, who is the manager of the above Maurdo, “A vehicle is going to her for any year or to inform him of what she entered her,” but was refused by the victim; (b) the Defendant was able to get sound, thereby enjoying the beginning of the guest room.

The Defendant continued to get off the parking lot, and it was difficult to avoid disturbance for about 55 minutes, such as the Defendant’s husband’s damage to his cellular phone, and the Defendant did not occur at the entrance of the parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation:

1. 112Report settlement statement;

1. Application of each statute on photographs;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for imprisonment”), which is favorable to the defendant;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the following: (a) the Defendant’s nature of the crime is not good in light of the law and form of the crime; (b) the process and circumstances at the time of the crime; (c) even though there were several times of punishment due to the same violent crimes, the Defendant committed the crime in this case; and (d) the possibility of criticism is not easy; (c) the Defendant appears to be disadvantageous to the Defendant; (d) the Defendant’s attitude against himself/herself and against himself/herself; and (e) it appears that the Defendant found in the mother of this case under the influence of alcohol in order to confirm it with doubt of the husband’s external appearance; and (e) the victim and the victim do not want the punishment against the Defendant after the prosecution, etc., are favorable to the Defendant.

In addition, the age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime are committed.

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