logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.01.28 2015고단2663
업무방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 10. 10. 14:42 경 울산 북구 B에 있는 피해자 C( 남, 31세) 이 운영하는 ‘D 식당 ’에 술에 취하여 위험한 물건인 소주병 1개를 손에 들고 들어와, “ 주인 새끼 누구야, 나와 봐 ”라고 큰소리로 욕설을 하면서, 그 곳에서 일하고 있는 위 피해자의 모친인 피해자 E( 여, 57세) 및 종업원인 피해자 F( 남, 55세) 의 머리를 들고 있던 소주병으로 때릴 듯한 시늉을 하며 위협을 하였다.

The Defendant, on the ground that the above victim C reported to 112, her 112, she sees “Ne, Ieman, Ieman,” and she sees a test color blade (31.5cm in length, 21.5cm in length, 19.5cm in length, kn.e., kn.) and a test color blade (19.5cm in length, kn.e., k., kn., kn.) which is dangerous in the main restaurant of “G” restaurant located behind the above restaurant, as she reported to her her 112, and she only she she sees “Ne, Ie., Ie., Ie., Ie., Ie., Ie., Ie.,”

“The phrase was made.”

Accordingly, the defendant carried dangerous articles and threatened the victim C, E, and F, and interfered with the victim C's restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The mitigated area (4 months to 1 year) of the mitigated area (4 months from 4 months to 1 year) of the crimes of intimidation (the scope of recommendations) (the scope of punishment for intimidation) (a person subject to special mitigation)

2. Class 2 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Obstruction of Duties) (Obstruction of Duties) is the mitigated area (Interference with Duties).

arrow