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(영문) 울산지방법원 2017.03.21 2017고단270
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 19, 2017, the Defendant, while drinking alcoholic beverages at the “D” restaurant operated by the Victim C (V, 50 years of age) located in Ulsan-gun, Ulsan-gun, U.S. on January 20, 2017, the Defendant repeated the same horses to the customers on the restaurant, and had them talked with the large sound that customers would not respond to, and continued to dump to the restaurant, thereby obstructing the victim’s restaurant operation by force over about 30 minutes, such as: (a) the Defendant dumping the said horses on the floor; and (b) the customers were able to talk with the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (a wooden statement);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The application of the sentencing guidelines [the types of decisions] interference with the business, and the category 1 (Interference with Business) [the person subject to special sentencing] - source of punishment for mitigation elements (including efforts to recover damage), [the scope of recommendations] mitigation area / [the scope of recommendations] 1 month to 8 months [the scope of suspended sentence] - The main reasons for suspension of execution - The positive sources of punishment (including efforts to recover damage) - General reasons for suspension of execution or more

3. In addition to the sentencing factors as seen above, in consideration of the fact that the defendant had been sentenced 6 times a total of 6 times a fine due to a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act (influence of alcohol measurement), a special intimidation, a crime of bodily injury or insult, etc. prior to the instant case, the punishment shall be determined as ordered.

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