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(영문) 울산지방법원 2013.09.12 2013고단2296
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 11, 2013, from around 22:40 to 22:50 of the same day, the Defendant: (a) from Ulsan Jung-gu, U.S., C’s “D convenience store” operated by Ulsan-gu, U.S. B, and (b) took off the door to the victim E, who was an employee of the convenience store operating business instead of the above C, and took a bath to “12 telephone dives, weather spads,” and prevented the Defendant from entering the said place.

Accordingly, the defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there are many criminal offenses against the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the crime committed again during the period of suspension of business.

However, in consideration of the fact that there was an agreement with the victim and the degree of damage caused by obstruction of business and the fact that the victim is receiving medical treatment for proof of alcohol, etc., the punishment as ordered shall be determined by a fine of a reasonable amount.

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