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(영문) 울산지방법원 2017.04.12 2017고단203
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 19, 2016, the Defendant: (a) at the main point of “D” in the operation of the Victim C (W, 59 years of age) located in Ulsan-gu, Ulsan-gu, U.S. on October 21, 2016, the Defendant: (b) expressed the victim’s desire to see that the music, which is cleeped at the place, is flickly flickly flick; (c) and (d) expressed the victim’s desire to flick flick flick that the music, which is clicked at the place, is flick flick flick flick flick flick fl

Doz. Doz. Doz.

“The victim’s main business operation was obstructed by force by bringing about about 20 minutes of the disturbance.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 sentencing criteria (the scope of recommended punishment) [the range of recommending punishment] and the mitigated area (one month to eight months)] shall not be subject to punishment;

2. Consideration unfavorable to the decision of sentence: A crime similar to this case, which is committed with a fine of two million won in the year 2016, has the record of being sentenced to a punishment in the year 2012, and repeatedly commits a crime related to violence. The favorable circumstances: The confession and the smooth agreement with the victim;

In addition, the sentencing factors, such as the defendant's age, sex, environment, and motive for the crime, shall be determined as ordered by considering all the factors of sentencing.

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