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(영문) 울산지방법원 2017.06.22 2017고단1727
업무방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On March 24, 2017, from around 04:20 to 06:20 on the same day, the Defendant d'E' in the mutual restaurant with the trade name of the victim D's "E" in Yangsan-si, provided a bath by drinking alcohol, and boomed the customer's meal without complying with the victim's request that the customer interfered with the customer's meal. In addition, the Defendant sent the table to the customer, or allowed the customer who provided meals to move to the restaurant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. When comprehensively considering the facts constituting a crime under Article 314 (1) of the relevant Article of the Criminal Act (the choice of imprisonment with prison labor) [the criminal punishment] of the relevant criminal law - the defendant has committed the crime of this case during the same period of probation, and can be confirmed that not only has been punished several times due to the same crime so far, it is reasonable to give the defendant an opportunity to correct the defendant through isolation with society for a certain period of time. However, it is reasonable to give the defendant an opportunity to correct the defendant through isolation from society: Provided, That the defendant's agreement with the victim does not want the defendant's punishment or reflects that the injured person does not want the defendant's punishment, taking into account the various circumstances shown in the record and oral argument, and determined the punishment as ordered within the scope of the scope of the sentencing guidelines (the judgment on the defendant's argument) [the judgment on the defendant's argument] is argued to the effect that

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