logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.08.02 2016고단1748
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 8, 2016, the Defendant did not state the time to commit a crime, but added the time to commit a crime based on evidence to the extent that it does not substantially obstruct the Defendant’s defense.

The "G" restaurant operated by Ulsan-gu E victim F, Ulsan-gu, changed alcohol to the victim.

However, the victim rejected the case on the ground that the defendant dices a large amount of alcohol.

The Defendant, who was under the influence of alcohol and had weak ability to distinguish things or make decisions, was able to do so, while putting the victim, etc., who was unable to put him in the room and scam, and scam for about 90 minutes, such as a scam, and obstructed the victim’s business operations by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Articles 10(2) and (1) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Type 1 (Interference with Business) (Special Sentencing) mitigated element: The victim's intent (a person who does not want the defendant's punishment): The mitigated element (a person subject to general sentencing) [a person subject to suspended sentence] mitigated element: The serious reflect [the scope of recommendation] imprisonment with labor for one month or longer (the area of mitigated sentence)] [a person subject to suspended sentence] comprehensive comparison and evaluation of the reasons for suspended sentence - The major reasons for affirmative consideration: the victim's intent (not wanting to be punished by the defendant) - The reasons for negative general consideration: drug addiction or alcohol addiction - The reasons for general positive consideration: The social relation is clear, contingent crimes, and serious reflects;

2. Additional consideration is given to the Defendant that there is a dynamic problem, such as alcohol dependence, net disability, personality disorder, etc., and the instant crime also seems to have been committed in the state of insufficient personal strength and judgment due to drinking. The Defendant seriously reflects the Defendant.

arrow