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(영문) 울산지방법원 2016.07.22 2016고단1679
업무방해
Text

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

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

Reasons

Punishment of the crime

On May 13, 2016, the Defendant avoided disturbance and interfered with the victim’s duties by force by force, by driving the victim’s “D” in the operation of the victim C, which is located in Ulsan-gu, Ulsan-gu, Seoul-gu, and the victim, etc., with a desire to put the victim, etc. into the workplace for about two hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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. Class 1 (Interference with Business) (Special Sentencing) mitigated element: The victim's intention (the scope of recommending a person who does not want the defendant's punishment) [the scope of recommending a person] imprisonment with prison labor for one month to eight months (the area of mitigated sentence] [the grounds for suspended execution] comprehensive comparison and evaluation of the grounds for suspended execution - The victim's intention (the victim's intention not to want the defendant's punishment) (the defendant's intention not to want the suspended execution) - The grounds for positive consideration: There are no contingent crimes or criminal records of not less than the suspended execution;

2. Additional considerations that the Defendant repeatedly commits a crime similar to the instant crime, such as repeating the instant crime, even though he/she was punished by a fine of KRW 1.5 million, a fine of KRW 500,000 due to a crime of destroying property in 2012, and a fine of KRW 3 million due to a crime of obstructing the performance of official duties in 2015 due to a crime of destroying property in 2012. As such, the Defendant appears to have committed a crime by repeating the instant crime upon the withdrawal of alcohol, protection and observation is necessary to prevent recurrence.

3. Six months of imprisonment with prison labor for a decision of sentence, one year of suspended sentence, and one year of observation of protection;

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