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(영문) 울산지방법원 2020.08.21 2020고단810
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 13:00 on December 19, 2019, the Defendant interfered with the victim’s restaurant operation by force by avoiding disturbance for about 30 minutes, including, without any justifiable reason, the Defendant, at the “D” restaurant operated by the victim C (n, 55 years old), located in Ulsan-gu B, Ulsan-gu, and having his employees and customers take a bath, and, without any justifiable reason, the Defendant dumped with the table by hand, and doing any act that seems to be a shot, and interfered with the victim’s restaurant operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under 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. The fact that the defendant, who was sentenced to sentence, had a record of punishment for the same kind of crime, once again commits the crime of this case is disadvantageous.

However, considering various sentencing factors, such as the defendant's confession of the crime of this case, the victim is not subject to the punishment of the defendant, the defendant's age, environment, motive for the crime of this case, means and consequence of the crime of this case, and circumstances after the crime of this case, etc., the punishment as ordered shall be determined.

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