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(영문) 울산지방법원 2016.10.20 2016고단2566
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

On July 25, 2016, at around 01:45, the Defendant: (a) laid in a mix operated by the victim C in Ulsan Jung-gu, Ulsan-gu, on the ground of the difference between the outlines in the previous strings of the strings of the strings provided as a service in the D restaurant operated by C; (b) laid in the strings, pilings, liners, water reservoirs, and powders on the bottom of the strings, and broken off the strings, thereby obstructing the victim’s restaurant operation by force; and (c) damaged the victim’s property worth 148,400 won at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. Article 314 (1) and Article 366 of the Criminal Act, Article 366 of the relevant Act concerning the crime, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act under Article 62(1) prevents a business in a restaurant without any motive that the defendant can understand, and the fact that the defendant has been punished nine times for the same kind of crime is very unfavorable. However, the defendant shows an attitude against his own will, the fact that the defendant is a criminal by contingency while under the influence of alcohol, and the degree of damage is not significantly significant;

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