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(영문) 울산지방법원 2018.06.21 2018고단1073
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 24, 2017, the Defendant violated the Punishment of Interference with Duties and Violence, etc. Act (joint assault) with B, and without any particular reason, was drunk in a cafeteria between the victim D’s “E” in Ulsan-gu, Ulsan-gu, Ulsan-gu, and the Defendant and B together put the victim F (24 years of age) who is a restaurant employee. The Defendant saw the victim’s son on the table, was able to have the victim’s son on the table, and collected the caner for food transport, and saw the victim’s son’s son’s son. The Defendant took the 40 years of age from the victim G (40 years of age) who was a meal at the above cafeteria, pushed the victim’s chest, dumbling the son’s chest, dumbling the gate, and then dried the victim’s head to G with his son’s head.

Accordingly, the Defendant, in collusion with B, interfered with the victim D's restaurant business by force, and assaulted the victim G jointly with B.

2. The Defendant: (a) destroyed property; and (b) destroyed property at the time and place specified in paragraph 1 as above; (c) laid the pilings owned by the victim D; (d) laid the gate for transporting food; and (e) laid the gate from the victim H (25 arches) who is a dangerous object to remove the gate from G at the time and place; and (e) laid the head of the victim H.

As a result, the Defendant destroyed and damaged 123,90 won of the market price owned by the victim D, and carried dangerous articles with the victim H, thereby causing injury to the victim H, such as sugars without an open room for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to B or G;

1. Each police statement made to D or H;

1. A written statement;

1. Each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 314(1) and Article 30 of the Criminal Act regarding criminal facts (a) of the pertinent Act, Article 2(2)1 of the Punishment of Violences, etc. Act, and Article 260 of the Criminal Act.

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