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(영문) 울산지방법원 2016.06.24 2016고단1306
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2016 order 1306】

1. The Defendant: (a) on May 7, 2016, at around 20:10, the “D cafeteria” in the “D cafeteria” operated by Ulsan-gu, Ulsan-gu, Seoul-do.

Recognizing that it is "," it is difficult to put the victim and its customers at the same time to put in, and put the victim's clothes into the victim, and continue to "I are d. I do not have to write off the victim's clothes."

It interfered with the victim's restaurant business for about 10 minutes by force, such as having sound before the entrance, which interfered with the victim's restaurant business by force.

【2016 order 1306】

2. On November 12, 2015, the Defendant: (a) in a restaurant operated by the victim E of Ulsan-gu, Ulsan-gu, U.S. on November 12, 2015, on the ground that contact with the victim’s daily behaviors, which paid the same food value on the day, does not contact; and (b) the victim “a Chewing fright-gu, flue flue flue, went away; and (c) how f

I will find out how to do so.

Downly, “I will take a bath,” and the driver will take a walk, such as walking the driver’s sway.

In the end, the Defendant interfered with the victim's restaurant business by force for about 10 minutes.

Summary of Evidence

【2016 order 1306】

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. CCTV screen 【2016 Height 1613】

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in paragraph (1) of the same Article with heavy circumstances)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Decision on the types of sentencing guidelines: The scope of recommendations that no person is subject to the special sentencing of Class 1 (Interference with Duties) (Interference with Duties): Imprisonment with prison labor for a period of six months to one year and six months (basic areas): Whether the person is subject to the general sentencing of one year and six months (basic areas): Whether the person is subject to the reduction of sentence: A comprehensive comparison and evaluation of the reasons for the suspension of sentence (selected of the suspension of sentence) - Reasons for negative general consideration; at least twice suspended sentence.

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