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(영문) 울산지방법원 2017.09.07 2017고단2065
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 6, 2015, the Defendant was sentenced to imprisonment for two years with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Ulsan District Court on February 6, 2015, and the probation period becomes final and conclusive on the 14th of the same month.

【Criminal facts】 On May 12, 2017, the Defendant: (a) avoided disturbance in front of the goods display stand in the “YY market event site” in the D market located in Ulsan-gu, Ulsan-gu, Seoul-do; and (b) notwithstanding the Party E, the president of the D Market merchants’ Association, he/she is the said E and the market, and is in accordance with weather conditions; and (c) whether the said E and the market will comply with the market.

“Along on about 20 minutes, the market merchants, including E, interfered with the field market event work by force.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

1. It is advantageous to the fact that there was an agreement with E among the victims of the reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act, and that there was no serious injury due to the act of interference with the pertinent business.

However, it is inevitable to punish the defendant in light of the following: (a) the defendant interfered with the business of the above merchants by neglecting his/her behavior in the open market held by many merchants without any reason; (b) the details and contents of the crime were violently committed against the defendant on 22 occasions prior to the instant case; and (c) the crime committed without being aware of during the suspended execution period due to the previous conviction in the instant case; and (d) the defendant's statement in the investigative agency does not regard the crime as a statement in the judgment

In addition to the above circumstances, the sentencing conditions, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, are all sorts of conditions.

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