logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.12.07 2018고단478
업무방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 3, 2018, the Defendant interfered with the business affairs of the victim B, and obstructed the business affairs of the victim’s restaurant by force, by avoiding disturbance, such as breaking a disturbance, which goes beyond the restaurant at the “D” restaurant operated by the victim B in Yangsan-si, and passing the noise, etc. in the “D” restaurant operated by the victim B.

2. On February 3, 2018, from around 20:50 to 21:10 on the same day, the Defendant interfered with the victim E’s business affairs by force, which interfered with the victim’s business affairs by having seven customers out of the restaurant, including the victim’s gate, who were in the restaurant, and opened the gate to the victim’s gate at the “F restaurant” of the victim E’s operation in Yangsan-si, and opened the gate, and letting the customer enter the said restaurant, thereby obstructing the victim’s business affairs concerning the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence 5);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime. Article 314 (Selection of Penalty)

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was committed on the ground of the crime of this case where the defendant was under the influence of alcohol and was sentenced to two years in prison on June 10, 2017, and was sentenced to imprisonment on the grounds of the violation of the Road Traffic Act (driving) and was committed on June 10, 2017, even during the period of repeated crime by the completion of the execution of the sentence on the following grounds: (a) the nature and circumstances of the crime are not good in light of the method and form of the crime; (b) the circumstances at the time of the crime; (c) there were many records of punishment for the same kind of work and violent crime; and (d) on November 20, 2015, the crime of this case was committed during the period of repeated crime by the completion of the execution of the sentence.

arrow