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(영문) 울산지방법원 2015.10.16 2014고단3773 (1)
사기등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on November 27, 2014, the Defendant and C had a fighting dispute while drinking together within the heading point operated by the Victim E (V) in Ulsan-gu, Ulsan-gu, and the victim demanded the Defendant and C to pay the drinking value and pay the drinking value to the Defendant and C, as the victim is likely to have a fighting in the main place.

Accordingly, from around 02:30 to 03:00 on the same day, the Defendant stated, “I want to carry out these funeral services without any female marity. I will present this time. I will present at the Southern Police Station,” and C expressed, “C” on the side of the Defendant, and prevented the victim from carrying out the above main shop business any longer, thereby interfering with the Defendant’s above main shop business operations for about 30 minutes by force.

Summary of Evidence

1. Legal statement of witness E;

1. Protocol concerning suspect interrogation of C;

1. Application of the receipt statute

1. Relevant Articles 314(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] that there is no basic area (f.g., June-1 and June) (f., a person with a special sentencing] [the decision of sentencing] (f.g., a person with a special sentencing] (f., a decision of sentence

The fact that the defendant is detained for a considerable period of time, and that C is under the influence of alcohol, which led to the crime of this case since C did not pay the drinking value, is an element of sentencing favorable to the defendant.

In addition, in consideration of the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment shall be determined as ordered and the execution of such punishment shall be suspended.

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