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(영문) 울산지방법원 2020.11.12 2020고단2303
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2019, at around 23:00, the Defendant was able to avoid disturbance for about 30 minutes, such as the Defendant’s d restaurant operated by the Victim C (Y, 58 years of age) in Busan East-gu B, and without any particular reason, the Defendant was able to avoid disturbance for about 30 minutes, such as “Yei franch fro, meat, fluor, fluor, fluor, etc.” to customers with the place where the Defendant was under the influence of alcohol.

Accordingly, the Defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of C’s written laws and regulations

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

1. Article 62 (1) of the Criminal Act;

1. Taking into account the following factors: (a) the probation and the main sentence of Article 62-2(1) and (2) of the Medical Treatment and Custody Act; (b) Article 2-3 subparag. 2 and Article 44-2(1) and (2) and the main sentence of Article 44-2(3) of the Medical Treatment and Custody Act ( comprehensively taking into account the evidence and all the circumstances revealed at the trial of this case, the Defendant was a person who has habited or was addicted to alcohol and has committed a crime subject to imprisonment without prison labor or heavier punishment; (c) need to receive medical treatment; and (d) the risk of recidivism is recognized if not receiving medical treatment; and (e) there is a risk of repeating a crime); (c) there are multiple penal records including the suspended sentence of imprisonment with prison labor for a crime similar to that of sentencing; (d) most criminal records are related to the

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