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(영문) 울산지방법원 2018.06.07 2018고단670
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 17, 2018, from around 13:35 to 13:55 on the same day, the Defendant and B performed drinking together at the restaurant operated by the victim D (n, 53 years of age) in Ulsan-gu, Ulsan-gu, the victim D (n, 53 years of age) and performed fighting, and requested the victim and the customers to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to able to be able to be able to able to be able to be able to be able to able to be able to be able to able to be able to able to be able to be able to able to be able to be able to able to

As a result, the Defendant conspired with B and interfered with the victim's restaurant business by force between approximately 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made with D;

1. Application of Acts and subordinate statutes to investigation reports and receipts;

1. Article 314 (1) and Article 310 of the Criminal Act, the selection of punishment for a crime, or the selection of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Interference with Duties) of the basic area (from June to June) of the sentencing criteria; and

2. Circumstances unfavorable to the reasons for sentencing: The punishment shall be determined as per the order, taking into consideration all the circumstances surrounding the sentencing conditions, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the fact that the defendant has committed the crime in this case against himself and the degree of damage is not visible, in light of the favorable circumstances, such as the fact that there are many times of criminal records of the same kind of punishment and the state of violence committed.

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