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(영문) 울산지방법원 2016.08.11 2016고단1965
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 21, 2016, the Defendant: (a) around 18:40 on June 21, 201, at the “F” in the operation of the Victim E (F) in the D market located in Ulsan-gu, Ulsan-gu; (b) under the influence of alcohol, the Defendant: (c) discovered a gate in front of the said restaurant while under the influence of alcohol; (d) discovered the gate that the Defendant did not contact the said restaurant; (c) but was forced from the said gate to refuse the mar; (d) demanded the damaged person to leave the restaurant; and (e) obstructed the operation of the mar by force of the victim of the said marc by placing the said box one time on the floor by gathering the mar box in front of the marc; and (e) repeatedly cutting the entrance of the marc by repeatedly cutting the entrance of the marc.

2. The Defendant damaged property at the time, at the place, paragraph 1, and for the foregoing reason, destroyed the entrance door of the cafeteria owned by the victim so as to cover approximately KRW 200,000,00 of the repair cost, by cutting off the boxes, twice the above cafeteria entrance.

Accordingly, the defendant damaged the property owned by the victim and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each photograph;

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

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, the first crime (Interference with Business Affairs) [the scope of recommending a person subject to special mitigation] [the scope of recommending a person subject to special mitigation] and the second crime (damage) not subject to punishment [the scope of recommending a person subject to special mitigation] are the general criteria for the mitigated area (one month to six months), the mitigated area (one month to six months), [the person subject to special mitigation] [the final sentence due to the aggravated punishment] from one month to one month [the scope of punishment [the person subject to special mitigation]] from one month to one month [the defendant] [the decision of sentencing] are several times for the same kind of crimes.

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