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(영문) 울산지방법원 2018.12.13 2018고단3024
업무방해
Text

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

Reasons

Punishment of the crime

[criminal records] On April 21, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for an injury, etc. at the Ulsan District Court on June 16, 2016, and completed the execution of the sentence. On September 21, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an offense of interference with business by the same court and completed the execution of the sentence on March 18, 2018.

[2] On September 20, 2018, the Defendant spit spit spit on the floor and spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spits, and spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spits

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the records of the same kind of crime as the suspect and the confirmation of repeated crimes);

1. Article 314 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Determination in consideration of the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommended punishment] and the reason for sentencing under Article 35 of the Criminal Act [the grounds for sentencing of category 1 (Interference with Business) (one month or August) area of mitigation [the person who is subject to special mitigation] / Non-won for punishment / The fact that the person is a crime during the period of identical repeated crimes and many criminal offenses of the same kind, and reflects the fact that the person has agreed with the victim;

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