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(영문) 울산지방법원 2017.02.03 2016고단4542
업무방해등
Text

Defendant

A Imprisonment with prison labor for six months and fines for 500,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A shall be fined.

Reasons

Punishment of the crime

1. On November 14, 2016, the Defendants’ co-defendanted with the victim as a matter of calculating the value of the alcoholic beverage, etc. by entering a E singing shop operated by Ulsan-gu C Victim D (M, 56 years old) on November 14, 2016

Defendant

A shall prevent a singing door door, and "I am - - - -" and "I do not have an today's flag door."

“Along with the big interest, I tried to lock the sing door door.”

Defendant

B, while taking a bath together with Defendant A, spiting tobacco butts on the floor, and spiting spits on the floor. The Defendants jointly interfered with the victim’s singing operation by force over about 40 minutes.

2. Defendant A E singing only two singing women who are aged, including D, and the Defendant did not have been subject to intimidation from D.

Nevertheless, the Defendant filed a false report on a crime not extending over three occasions with public officials as follows.

A. On November 14, 2016, around 03:22, 2016, young people present at Esing machines make intimidation.

“The 112 reported.”

B. On November 14, 2016, around 03:56, “03:54” appears to be a clerical error in the facts charged.

The term "Esing" means that young people who have been frighted at the Esing market now make intimidation.

“The 112 reported.”

(c)

On November 14, 2016, 04:02, “I feel a threat of life at present.”

“The 112 reported.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Report on internal investigation (investigation, such as the statement, etc. of a wooden person);

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Relevant Article of the Criminal Act and Article 314 (1) and Article 30 (Selection of Imprisonment) of the Criminal Act concerning the crime committed by Defendant A: Article 314 (2) of the Criminal Act; Article 3 (3) 2 of the Punishment of Minor Offenses Act (Selection of Penalty) and Article 3 (1) of the Punishment of Minor Offenses Act: Articles 314 (1) and 30 (Selection of Imprisonment) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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