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(영문) 울산지방법원 2017.08.08 2017고단1821
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 4, 2017, the Defendant entered a restaurant operated by the Victim C (Woo, 31 years of age) in Ulsan-gun B, Ulsan-gun, Ulsan-gun on May 4, 2017, according to D, who is an employee, without any particular reason, and on his/her female “Woo Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok

It was difficult to avoid disturbance until 04:03 on the same day, such as hinging away from the face of the mari.

Since then, the Defendant got out of the restaurant by the police officer who received a report, and went out of the restaurant at the locked. On the same day, it was difficult for the Defendant to avoid a disturbance between about 20 minutes until 04:29 on the same day, such as finding the above restaurant on the same day, leaving the victim and the employees, leaving the house, and demanding the police officer who was dispatched after receiving a report again, not going out of the restaurant.

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Act [the type of decision] interference with business operations, the basic field of sentencing [the scope of recommendation] [the scope of recommendation] [the scope of punishment] imprisonment with prison labor for six months or more to one year and six months] - The reason for general consideration - The degree of interference with business operations (the decision of sentence], the degree of interference with victim and non-agreement, the defendant's history of punishment and attitude shall be taken into account at least twice in negative circumstances.

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