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(영문) 울산지방법원 2017.06.22 2017고단1101
업무방해
Text

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

Reasons

Criminal facts

The defendant is sentenced to imprisonment with labor for a period of eight months by interfering with business affairs at the Ulsan District Court on February 4, 2016 and for the same year.

7. 30. The execution of the sentence was terminated in the Port of the Republic of Korea.

1. Around 04:00 on April 8, 2017, the Defendant obstructed the victim’s main operation by force, by entering the “E” main points of the victim C (hereinafter “E”)’s operation in Ulsan-gu, Ulsan-gu, Seoul-do, and without any justifiable reason, while drinking alcohol, the Defendant interfered with the victim’s main operation by force.

2. On April 8, 2017, around 04:20, the Defendant obstructed the victim’s main operation by force by leaving the main points of “G” in the operation of the Victim F (the 57 years old), which is located adjacent to the main points specified in paragraph (1) of this Article, and by breaking the victim’s speech that he does not sell alcohol from the injured party, and committing a serious bath to the injured party while doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. A report on internal investigation:

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (reports on previous convictions and results of confirmation of such previous convictions), and personal confinement status;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 1 (Obstruction of Duties) area of aggravation of the scope of sentencing on the sentencing criteria (one year to three years, and the same repeated crime);

2. Circumstances that are favorable to the reasons for sentencing: An unfavorable circumstance that reflects a crime, such as the fact that the crime is committed, health (e.g., proof of alcohol alcohol, depression, delay and mental disorder Grade III), and family environment (under whose family environment is not good: The fact that the crime is committed again during the period of repeated crime, there are several times of punishment for the same kind of punishment, the possibility of recidivism, the possibility of recidivism, and the fact that the damage has not been repaid.

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