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(영문) 울산지방법원 2016.12.29 2016고단3804
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On October 12, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence due to a crime of intrusion at the Busan District Court on the 20th of the same month. The judgment was finalized on September 8, 2016, and 8 months of imprisonment with prison labor and 2 years of suspended sentence were sentenced by the Ulsan District Court on September 8, 2016, and the judgment became final and conclusive on November 26, 2016.

【Criminal Facts】

1. At around 01:30 on October 3, 2016, the Defendant interfered with the business, on the ground that, in the inn part operated by the victim C in the wife population B, the Defendant told the victim to leave the taxi, and the victim tolds that there is no call taxi, the Defendant interfered with the victim’s inn business by avoiding disturbance for about one hour for approximately one hour by force, such as “I am am am am am am am kn. am. am. am. am. am. kn. am am. am. am. am. am. am. am.. am, the Defendant interfered with the victim’s inn business by avoiding disturbance by force.”

2. The Defendant, at the above date and time, and at a place where the said female proprietor and his children are located, openly insulting the victim by openly insulting the victim D, who is a police officer belonging to the Yongsandong Police Station that received and dispatched the report, by putting the victim at a large sound called “Slura. Slura. Slura. Sn. Skn. Skn. Skn. Skn. Skn. Skn. Skn. Skn. Skn. Skn. Skn. knif, knicker. knif, kn

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of D and E;

1. Previous records of judgment: Criminal records, replys to criminal records, each judgment, the progress of court judgments, and application of Acts and subordinate statutes of search of each case;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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