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(영문) 울산지방법원 2021.01.13 2020고단3489
업무방해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[200 Highest 3489] On May 31, 2020, the Defendant requested the victim to undergo alcohol by entering the same place on May 31, 2020, under the “D” of the operation of the victim C in Ulsan-gu B and 2, Ulsan-gu, Ulsan-gu, U.S., and Ulsan-gu, U.S., and demanded that the victim undergo alcohol. However, the victim “Hashe has already been under the influence of alcohol, so she would have the drinking, so she would have the victim undergo alcohol, she would have the victim sound, and she would have she continue to do so from the date she was well fried,”

내가 얼마나 질긴 놈인지 아냐, 닌 좆됐다” 는 등 욕설을 하며 약 30 분간 소란을 피워 위력으로 피해자의 다방 운영 업무를 방해하였다.

[200 Highest 4837] On October 26, 2020, the Defendant, at the main point of “G” in the operation of the Victim F in Ulsan-gu, Ulsan-gu, U.S., Seoul-do, 2020, obstructed the victim’s main duty operation by force by avoiding disturbance between 20 minutes and 20 minutes, including: (a) under the influence of alcohol; (b) under the influence of a police officer upon receiving a 112 report and requesting a police officer to return home; (c) under the demand of the police officer to return home, the Defendant continued to engage in drinking to other tabless; and (d) under the influence of the police officer; and (c) under the influence of the police officer, the Defendant interfered with the victim’s main duty operation by avoiding disturbance.

Summary of Evidence

[200 Highest 3489]

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and H [20 order 4837];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and I;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Interference with Business) [Determination of Type] Interference with Business Affairs (Type 1] There is no interference [Special Sentencing] with business affairs (the scope of recommended areas and recommendations] [the scope of punishment], basic area of crime (the scope of recommended areas and recommendations], six months through one year and six months;

(b) Class 2 Crimes (Interference with Business) (Many type) interference with business affairs (Type 1).

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