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(영문) 울산지방법원 2016.04.15 2016고단459
업무방해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2015, the Defendant interfered with the restaurant business of the instant D by force by: (a) placing one beer’s disease on the floor; (b) exposing it on the ground that the instant D, which had been known prior to several years, was satisfying at the E restaurant operated by the victim in Ulsan-gu, Ulsan-gu; and (c) exposing it on the ground that the said D, which had been known prior to several years, was satisfying; and (d) talking with the drinking customers by sounding them and taking a bath.

2. On December 2, 2015, the Defendant interfered with the restaurant business of the above D by force on the grounds of the same reasons as the preceding paragraph at the above restaurant around 04:00, the Defendant collected four canerped instant instant cups on the floor, string them, sounding customers who were eating food, and taking a bath.

3. The Defendant, from around 04:30 on February 23, 2016 to around 05:30 on the same day, drinked with F in the above restaurant for about one hour, and on the same ground as the above paragraph 1, the Defendant, on the floor, put a luxer, etc. who was suffering from the wall of softens into the floor, and then put the luxor on the floor, cut off off the clothes, made the luxor in the top body, putting the other customers under the lux of the body of the body of the body of the people who want to enter, and prevented them from spreading the luxor, and interfered with the above D’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to photographs damaged on the spot;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs of the category 1 (Interference with Duties). The basic area (from June to one year and six months) (the person who is specially mitigated).

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