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(영문) 울산지방법원 2016.07.22 2016고단1901
업무방해
Text

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

except that 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 January 20, 2016, at a restaurant located in Yangsan City B, around 20:20, the Defendant, on the ground that the victim C (65 years of age) does not sell alcoholic beverages, stated that “in the restaurant, the victim would be aware of it,” and expressed a bath, “in the calculation of the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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

1. Class 1 (Interference with Business) [Special Sentencing) mitigated factors: Where the degree of threat of force, deceptive scheme, or the degree of interference with business is insignificant (if the degree of 20 minutes of speech or deceptive scheme is minor, it shall be limited to the extent that it does not leave the restaurant), the amount of punishment is not imposed (the victim’s agreement on April 21, 2016) [general sentencing factors] mitigated factors: The serious reflect [the scope of recommendation] imprisonment from 1 month to 8 months (the area of special mitigation] [the extent of suspension of execution] of suspension of execution - The main reasons for suspension of execution are minor: Where the degree of threat of force, deceptive scheme, or the degree of interference with business is minor, the amount of punishment is not imposed - the amount of contingent crimes, the amount of serious reflective general factors:

2. Additional considerations leads to repeated crimes involving a fine of two million won, a fine of two million won, and a fine of two million won due to the crime of assault committed in 2014 with the crime of assault committed in 2014. As such, a sentence shall be suspended for a period of one year in consideration of the circumstances favorable to the defendant who selected the imprisonment, the family circumstances of the defendant, surrounding circumstances, etc.

3. Four months of imprisonment with prison labor and one year of suspended sentence;

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