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(영문) 울산지방법원 2020.10.08 2020고단1827
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

At around 02:20 on April 11, 2020, the Defendant entered the main points of “D’s operation” of the victim C in Ulsan-gu, Ulsan-gu, Seoul-gu, without any justifiable reason, and obstructed the victim’s main business by force by avoiding disturbance during a period of about one-hour period of time, such as talking with sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of written judgments and summary order statutes; and

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. 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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