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(영문) 울산지방법원 2017.03.30 2017고단438
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 11, 2017, the Defendant: (a) visited the victim’s “D’s singing room” operated by Ulsan-gu, Ulsan-gu, and drinking alcohol from the victim’s “Ding room”; (b) obstructed the victim’s singinginging business for about 30 minutes by force by failing to enter the victim’s singing room by exposing the disturbance, putting the beer’s disease on the floor, breaking it on the floor, etc., with the offer of beer service only to other tables; and (c) preventing the customers who had entered the above singing room from entering the said singing room.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (including a suspended sentence, the repetition of the same crime that may be known in the records of punishment several times for the same crime, the risk of repeating a crime, or the matter where a suspended sentence will be selected in consideration of various circumstances, such as the scale of infringement on legally protected interests, the background of the crime, and the attitude of reflect on the record and pleadings. The defendant must pay due attention to preventing repeating a crime separately);

1. Although the Defendant asserts to the effect that he was in a state of mental and physical weakness at the time of committing the instant crime, he/she does not accept such assertion in light of the various circumstances shown in the records and arguments.

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