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(영문) 울산지방법원 2021.02.04 2020고단3825
업무방해
Text

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

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

Reasons

Punishment of the crime

Around 18:10 on July 25, 2020, the Defendant was asked at the “C” convenience store located in Ulsannam-gu, Ulsan-gu, Seoul-do, to the effect that he cannot drink alcohol within the convenience store from the victim D, which is the place outside of the zone, and that he could not drink alcohol within the convenience store. B) The Defendant saw the victim’s desire to display the stick, which he was carrying the 112, and took measures to stop, and the victim returned to the 18:40 on the same day, 19:54 on the same day, and 21:25 on the same convenience store again, the Defendant obstructed the victim’s operation by abusing the victim’s convenience points and obstructing the victim’s convenience points by force during the above three hours, such as displaying the stick, and displaying the stick.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of CD’s film-related statutes;

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

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

1. Taking into account the fact that there was a history of punishment several times for the same kind of crime with the same reason for sentencing under Article 62-2 of the Criminal Act, such as the fact that police officers have continued to commit acts of interference with business against the same victim even though they were returned to Korea, and that the health of the accused is not good;

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