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(영문) 울산지방법원 2020.02.06 2019고단3225
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 18:00 on March 9, 2019, the Defendant interfered with the victim’s main business by force by exposing a disturbance, such as the Defendant’s drinking together with the Defendant’s daily behaviors for about five minutes while drinking together with the Defendant’s daily behaviors, the Defendant divers of the next table, and the Defendant diversing the table table that he was seated.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: Determination in consideration of the facts which reflect the sex and the facts that there are many criminal records of violence.

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