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(영문) 울산지방법원 2020.05.22 2019고단4081
업무방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 03:20 on September 12, 2019 to 04:20 on the same day, the Defendant obstructed the victim’s main business by force for a period of one-hour period by avoiding disturbance, such as: (a) d main points operated by the victim C, a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of C

2. At around 03:50 on the same day, the Defendant publicly insultingd the victims by publicly alleging that the victim F, a police officer belonging to the Ulsannam Police Station E District E District, who was dispatched after receiving a report at the above D main points, did not count and the Defendant failed to return home to the summary trial and soliciting them to return home to the summary trial.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, F, and G

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, subparagraph 2 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody, etc. Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons] (Special Convicting Persons): Reduction element of Punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

B. No. 2 (Determination of Punishment) of Defamation. [Attachment 1] There is no general insult [No person who is a special person] (the scope of recommendation field and recommendation range].

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