logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.08.18 2017고단1295
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On April 21, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for interference with business in the Incheon District Court’s Branch Branch, and completed the execution of the sentence on October 20 of the same year.

[2] The Defendant, at around 00:40 on June 7, 2017, was in a restaurant operated by the victim C in Bupyeong-si B, Seocheon-si, and was in a disturbance with the Defendant, such as cutting of a dog, taking the bath of the customer and his employees, and intending to remove the patient’s disease.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement E and C;

1. Photographs;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes to investigation reports (formers and attachment of judgment);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] : (a) the mitigated area (one month to eight months) [the person subject to special mitigation] / The term "special mitigation (including efforts to recover damage] / the unfavorable circumstances of the same repeated crime (determination of sentence] : several times the history of punishment for the same kind of crime can be used; (b) the circumstances favorable to the fact that the execution of imprisonment for the same kind of crime was completed; and (c) no longer much time has passed after the execution of imprisonment for the same crime was completed; (d) the facts that the crime of this case was recognized and reflected; (e) the agreement was reached with F, the principal owner of the restaurant of this case; and (e) the motive and background of the crime, means of the crime; and (e) the circumstances after the crime were committed, etc., the punishment shall be determined as per the text of the judgment.

arrow