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(영문) 울산지방법원 2016.09.13 2016고단2480
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

On July 22, 2016, around 05:20 on July 22, 2016, the Defendant divided the victim into “D’s singing room” in the “D’s operation of Ulsan-gu B” for the reason that the victim took part in E.

The Defendant avoided disturbance for a period of about one hour, such as putting the victim with the desire to put the victim into the military, and obstructing the victim’s business operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 (Interference with Business) [Special Sentencing] mitigated element of punishment (agreement with the victim, July 25, 2016): Imprisonment with prison labor] from one month to eight months (limited to a general sentencing sentencing factor] mitigated element of punishment: There is no comprehensive comparison and evaluation of the grounds for suspended sentence (whether suspended sentence is suspended or not) - there is no major reasons for negative consideration - There is no punishment origin (including serious efforts to recover damage) - There is no negative reason for negative consideration at least twice: Before suspension of execution and at least twice, there is no positive reason.

2. The relationship between the defendant and the victim (the relationship between the punishment and the wife, and the victim's appeal against the defendant) concerning additional criminal records to be considered.

3. Six months of imprisonment with prison labor and two years of suspended sentence;

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