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(영문) 울산지방법원 2017.03.09 2017고단169
업무방해
Text

A defendant shall be punished by imprisonment for 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

Criminal facts

On January 12, 2017, the Defendant, at around 21:30, obstructed the victim’s main business by force by avoiding disturbance between approximately 30 minutes, such as drinking alcohol and drinking alcohol, drinking alcohol, singing at the stage, and drinking the microphones of the customers. The Defendant obstructed the victim’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Type 1 (Interference with and reducing the scope of duties, one month to eight months, and no penalty shall be imposed) shall interfere with the scope of duties of the recommended punishment on the sentencing criteria.

3. The defendant, who had been charged with several times of violence even though the reason for sentencing has recently been set aside, committed again the same kind of crime, but the nature of the crime is not less than that of the victim, taking into account the reflectivity, the victim's non-guilty penalty, the age and environment of the defendant, etc., shall be determined as above.

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