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(영문) 울산지방법원 2017.07.06 2017고단1640
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

The defendant was sentenced to one year of suspension of execution on July 29, 2016 by the Ulsan District Court on July 21, 2016 and the judgment becomes final and conclusive on July 29, 2016, and is currently under suspension of execution.

On May 15, 2017, the Defendant: (a) 19:30 on May 15, 2017, the Victim C (Woo, 47 years of age) located in Ulsan Jung-gu B, Ulsan-gu, and (b) hereinafter, the Defendant her cafeteriad the customers of the Amar-gu cafeteria, “Wook kb kb kb kb kb kb kb kb kb kb kb kb k

The defendant fatherb fat fat fat fat fat fat fat fat fat fat fat fat fat fat

“A sound, etc.” has avoided a disturbance for one hour until 20:30 on the same day.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. 112 Notification to the department related to the reported case; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act (Selection of Imprisonment with prison labor) concerning the reasons for sentencing;

1. Type 1 (Obstruction of Duties) that interferes with the scope of the recommended punishment on the sentencing criteria;

2. Circumstances favorable to the reasons for sentencing: The fact that the defendant reflects the crime, the family environment is not good, the victim's penalty is not sufficient, etc.; the defendant is currently under suspension of execution, and even if he was sentenced to a fine of 6 million won on March 2, 2017 due to the obstruction of business affairs on March 2, 2017, he/she seems to have a high possibility of re-offending due to the fact that the crime of this case was committed again, the alcohol dependence, etc.

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