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(영문) 울산지방법원 2016.09.08 2016고단1943
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. On December 1, 2015, at around 14:20, the Defendant: (a) demanded the victim to sit on the side of the victim C (at around 41 years of age) at the main point operated by the victim C (at around 14:20, the Defendant obstructed the victim’s bar business by forcing the victim to sit on the side; (b) he saw the victim’s refusal to sit on the side; and (c) he saw the victim’s bar business by making the victim’s ice-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face, “Ping-to-ping to-ping to-ping to-ping to-ping to-ping, making theme-to-ping-ping and to-pum-ping to-poping, and continuing to take a large volume of 14:50 minutes of action, thereby obstructing the victim’s bar business by force.

2. Around 21:50 on May 28, 2016, the Defendant intrusiond the residence of the victim E (the 48-year-old age) on the ground that the opening kids from the victim’s house was slicking from the victim’s house, and that the opening kidscing from the victim’s house was slicking, and the Defendant went out through the studio window where the victim’s 2nd floor is flicking the 2nd floor of the victim’s residence, and the Defendant was flick up the entrance door of the space where the victim’s pregnant father is residing, and then slick down.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of C’s written laws and regulations

1. Relevant Articles 314(1) and 319(1) of the Criminal Act (a point of interference with business), Article 319(1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment for a crime;

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 (General Considerations as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has a record of having been punished several times the same military force, and the crime of this case has been committed without being able to do so during the period of probation (However, the current period of probation has exceeded the period of probation), and the degree of normal damage is relatively disadvantageous.

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