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(영문) 울산지방법원 2016.10.25 2016고단1573
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 5, 2016, the Defendant: (a) around 21:30 on May 21, 2016, the Defendant, within the “D” ran bar operated by the victim C (5 years of age) in Ulsan-gu, Ulsan-gu; (b) took a serious bath for female employees without any justifiable reason, and refused to calculate by giving a serious bath to the employees who demand accounting by standing in front of the calculating unit; and (c) on the part of the victim, who was in contact with employees and was in the main place, has also taken a serious bath, and thereby interfered with the victim’s duty of operation by force until the police is dispatched.

On January 23, 2008, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on January 23, 2008, and two years by the same court on April 26, 2013, respectively.

On August 1, 2016, at around 16:05, the Defendant driven an EM5 vehicle under the influence of alcohol level of about 0.232% from the 100m section of approximately 100m to the front day of the same old old new and new shares in Ulsan-dong, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report, criminal place and report on the results of the investigation; and

1. A detailed statement on handling 112 reported cases;

1. On-site photographs;

1. Statement of the results of the crackdown on drinking driving, notification of the crackdown on drinking driving, and statement in the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 314 (1) of the Criminal Act applicable to the crime (a point of interference with business), Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the scope of recommending punishment) (Article 53 and 55(1)3 of the Criminal Act shall interfere with business.

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