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(영문) 울산지방법원 2018.12.11 2018고단2624
업무방해
Text

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

Reasons

Criminal facts

On August 20, 2018, the Defendant was unable to avoid disturbance, such as pressing and drinking on the floor, while the Defendant d main points in the operation of the Victim C (Y, 60 years of age) located in Ulsan-gu B on August 14:40, 2018, and d main points in the operation of Ulsan-gu B, Ulsan-gu, Seoul-do, where the Defendant took part in the daily behaviors and horses of the victim, she was unable to avoid disturbance due to the Defendant’s d main points, such as having the alcohol remaining on the floor of the tebble, and having the other teb customers who had been placed in the said ebbbbs,

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Grounds for sentencing of punishment in accordance with Article 314 (1) of the Criminal Act and Article 314 of the Criminal Act concerning the crime;

1. Type 1 (Interference with Duties) of the basic area (from June to June) of the sentencing criteria; and

2. Circumstances favorable to the reasons for sentencing: The defendant has been subject to punishment several times due to interference with his/her duties by avoiding disturbance while under the influence of alcohol at his/her main point, etc., the defendant repeats similar crimes, such as continuing to commit the crime of this case, and has the record of criminal punishment of the same kind and different types. In light of the defendant's power, sex behavior, environment, etc., the possibility of recidivism appears to be high, and the victim wishes to suffer from disturbance habitually from the defendant's age, motive, means and consequence of the crime of this case, and to make a strong punishment by taking into account all other circumstances, such as the defendant's age, motive, means and consequence, the circumstances after the crime, etc., the punishment shall be determined as per the order.

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