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(영문) 울산지방법원 2014.06.13 2014고단452
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2014, the Defendant: (a) around 23:20 on February 13, 2014, ordered the “E” main points of the victim D operation in Ulsanbuk-gu, Ulsan-gu, to serve as a customer; (b) while drinking alcohol, the Defendant carried out a fluorial fluorcing method; (c) 21,000 won in total at the market price of the victim’s possession on his/her customer; and (d) broken it.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. On February 13, 2014, from around 23:20 to 23:50 the same day, the Defendant obstructed the business, the Defendant: (a) took a bath to the victim who was seated in a catter while drinking alcohol at the above main station from around February 13, 2014; and (b) took the bath to read “this Chewing, sludge,” and was satisfing such a cat like the preceding paragraph.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Application of the receipt statute

1. Article 366 of the Criminal Act applicable to the crime (the point of causing damage to property), Article 314 (1) of the same Act (the point of interfering with business) - Selection of imprisonment for each crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the victim does not want the punishment of the defendant by agreement with the victim, and that the defendant is also able

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