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(영문) 울산지방법원 2017.07.13 2017고단1212
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On January 26, 2017, the Defendant obstructed the victim’s restaurant business by force by forcing customers who drink alcohol in the above restaurant to take out of the restaurant at the “cafeteria operated by the victim D” in Ulsan-gu, Ulsan-gu, the Defendant: (a) under the influence of alcohol to put up a public sign in front of the restaurant; (b) put the victim under the influence of alcohol to the large interest; and (c) raising a disturbance, such as making the drinking out of the restaurant to the customers who drink alcohol at the above restaurant, and allowing them to take out the restaurant business by force.

2. At the time, place, and place of Paragraph 1, the injured Defendant inflicted injury on the victim, by having the victim go beyond the victim by hand while taking a bath, resulting in the victim’s injury, such as dynasium 14 days in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of CD-related Acts and subordinate statutes

1. Article 314 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. It is reasonable to give the defendant an opportunity to correct through isolation with society for a certain period when comprehensively considering the fact that the defendant has been punished at least ten times for the same violent crime under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to sentencing] of the Act on the Aggravated Punishment of Concurrent Crimes, the fact that the defendant wishes to punish the defendant, and the extent of mental and physical damage inflicted by the victim due to the crime in this case, etc., and the extent of mental and physical damage inflicted by the defendant, etc., it is reasonable to give him/her an opportunity to correct the defendant through isolation with society for a certain period: Provided, That a punishment shall be determined as ordered within the scope of the application of the guidelines for general injuries, the basic area of the sentencing criteria, the area of the reduction of interference with affairs, etc.

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