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(영문) 울산지방법원 2019.07.18 2019고단1629
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 April 11, 2019, the Defendant: (a) around 01:40, the Defendant: (b) told 2 men in the name in distress of the victim’s name, who dialogueed with the victim in Ulsan-gu B, Ulsan-gu “Damb” operated by the Defendant, that “I am sal, I am sal, the president, the president, and the president.” (b) demanded the victim to leave the Defendant’s disturbance, and without complying with the demand, the Defendant interfered with the victim’s singing business by force by avoiding disturbance for about 40 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: Determination in consideration of the fact that the person is a crime during the same suspended execution period and is a contingent crime resulting from exploitation;

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