beta
(영문) 서울북부지방법원 2017.12.22 2017고단2165

업무방해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2017, the Defendant was sentenced to a punishment of two-year suspension of the execution of six months at the Seoul Northern District Court, and the judgment became final and conclusive on the 21st of the same month.

around 19:10 on April 17, 2017, the Defendant: (a) at the D agency operated by the Victim C (34 tax) located in Gangnam-gu Seoul, Gangnam-gu, Seoul on April 17, 2017; (b) whether the Defendant wishes to capture, kill, and kill the Victim without any particular reason;

나랑 맞짱 뜰래,

Ga. There was no 15 minutes of the disturbance from entering the said agency by, for instance, putting about 15 minutes of the disturbance on the part of “A”.

Accordingly, the defendant interfered with the agency business of the victim by force.

around 23:20 on September 21, 2017, the Defendant assaulted the victim, who is in existence, such as the victim’s face, f (78 years of age) on drinking, and knife the victim’s knife with knife, knife the victim’s knife with knife, etc., without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions: "Inquiry about criminal history and investigation reports (report on the results of confirmation of the previous convictions of a disposition, and report on the case of interference with business)".

1. Statement made by the police against C;

1. 2017 Height 5119: A report on investigation (a video attachment made by a Handphone);

1. Statement made by the police with regard to F;

1. A list of risk of recidivism of domestic violence;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to photographs of victims);

1. Article 314(1) of the Criminal Act in relation to the crime (the point of performing duties), Article 260(2) and Article 260(1) of the Criminal Act (the point of remaining violence) of the same Act, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is several times that the defendant has been punished due to violence, etc., that the victim has not received correspondence, that the defendant recognized the crime, that the defendant is against the law, that is currently being hospitalized in the hospital and receiving treatment, and that the judgment becomes final and conclusive.