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(영문) 울산지방법원 2017.08.10 2017고단2296
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 June 26, 2017, from around 18:00 to 20:30 on the same day, the Defendant got paid attention from the victims C of the victim C in Ulsan Jung-gu, Ulsan-gu to 20:0 on the D restaurant operated by the victim C, and from the victims of the damage who have sexually conflict, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as making the disturbance, but making the victim feel uneasy, and making the victim take a bath several times, and preventing the customers who had been in the above restaurant from getting out of the restaurant and entering the above restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in writing 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 suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. Article 62-2 of the Social Service Order Criminal Act / Sentencing / Sentencing punishment / the repetition of the crime of the same kind, and the risk of repeating the crime. However, it is recognized that the Defendant’s drinking behavior seems to be one of the important causes of the crime of this case, and thus, the need for medical treatment of alcoholic proof is recognized. Thus, the Defendant is asserting that the Defendant was in a state of mental and physical weakness at the time of the crime of this case, but the Defendant does not accept such assertion in light of various circumstances shown in the records and arguments.

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